ISLAMABAD: The Islamabad High Court (IHC) Monday fixed December 28 as the date for the preliminary review hearing of a contempt case against former Gilgit-Baltistan chief judge Rana Shamim and others pertaining to the publication of an affidavit which alleged that the former chief justice of Pakistan Saqib Nisar manipulated cases against former prime minister Nawaz Sharif and Maryam Nawaz.
At the outset of today's hearing, ex-CJ Gilgit-Baltistan Rana Shamim’s counsel apprised the court that the original affidavit of his client has been submitted to the court.
Lateef Afridi, Shamim’s counsel said, "The real affidavit was sealed and has now been brought to Pakistan on the court's order."
IHC Chief Justice Athar Minallah said, "The attorney-general had said the media's role is secondary. Rana Shamim has admitted that the content published in the newspaper is [the same as] in his affidavit. Rana Shamim has cast doubt on all judges of the IHC."
When Justice Minallah asked Shamim’s lawyer to open the sealed envelope in which the affidavit was submitted to the court, Afridi replied, “A new inquiry could be started by opening a sealed envelope.”
The judge said that the envelope will be opened on the next hearing in the presence of the attorney-general.
Justice Minallah observed that the ex-CJ GB had apparently made "a very big statement without any evidence" and given an impression that all IHC judges were "compromised".
“We will move forward under the light of Article 19 of the Constitution,” said the judge.
Justice Minallah said that the court has not decided yet to indict Shamim in the contempt case.
“The case will be discharged if they [Shamim] satisfied the court that they did not commit contempt of court,” ruled the judge.
Freedom of expression is one of the most important fundamental rights, which the court had also mentioned in its judgments — but the situation becomes different when the freedom of expression goes against public interest, Justice Minallah noted.
Meanwhile, Shamim’s counsel pleaded with the court to adjourn the hearing until after winter vacations were over. Justice Minallah said that the IHC had not issued any notification about the winter vacations and adjourned the hearing till December 28.