IHC rejects ex-GB judge’s apology in contempt case

ISLAMABAD: Islamabad High Court (IHC) rejected apology of former chief judge Gilgit-Baltistan (GB) Rana Shamim in contempt of court case.

The court gave one week time to Rana Shamim for filing another affidavit. The case came up for hearing Monday before single bench of IHC led by Chief Justice (CJ) Athar Minallah

The judge remarked, “it is my personal opinion if someone tenders genuine apology then there is no ego of ours in this matter. You can criticise this court or judges. We have made the law clear.”

The court inquired from the counsel of Rana Shamim what you have written in your statement. The counsel for Rana Shamim said, “We have filed unconditional apology. Our apology be accepted.” The court directed Rana Shamim to sit on his seat.

The counsel for Rana Shamim told the court that he read the last paragraph of Rana Shamim statement. Rana Shamim wrote that after chief justice he heard from Saqib Nisar about the senior most judge.”

The court remarked, “He was at number 4 at that time whose name you mentioned in affidavit. You are further complicating this case. Is Rana Shamim still standing by his affidavit. No one can influence this court no matter he is chief justice. Sticking to affidavit and apology cannot go side by side. You leveled allegation and a big newspaper published it. You are saying memory was not good. Are you saying it still that you had given that statement wrong.”

Counsel for Rana Shamim said, “No no I did not say so.” The court remarked if it was no so then this court will clear it. Apology is not offered half-heartedly. If someone has influenced this court after 2018 then we are accountable. This joke has been made so much. This is IHC. We have to make the other person realise in contempt of court case what he did. Did he extend unconditional apology. No matter is matter of ego of the court. See the previous all record of this court what is happening in contempt of court cases. Whosoever were the senior most judges at that time court cannot ignore them. We can do so that we can give another chance to Rana Shamim. Rana Shamim should give this statement in the form of affidavit. This court does not want to cause any harm to anyone. This is not motive of contempt of court law that harm should be caused to anyone.”

The court directed Rana Shamim to file affidavit. “Give affidavit within one week without any pressure. No harm will be caused to you on this statement. If the accused tells everything in criminal cases in US then it is considered enough.”

Rana Shamim told the court, “I am ready to file another affidavit today.” The court remarked, “You should file affidavit again with full thought.” The amicus curiae Faisal Siddiqui told the court whatever a new statement is given by Rana Shamim it should be published in newspaper. He said, “The way court was made controversial it should be made clear the same way too. We will see this matter.” The hearing of the case was adjourned till September 19.

Shamim was formally charged by the IHC for allegations he levelled against former CJP in a signed affidavit in London. Shamim’s lawyer Abdul Latif presented a written apology that stated that the former GB top judge listened to ex-CJ Nisar’s views during a meeting with him over tea.

Shamim wrote in the apology that he was under extreme mental stress and was a “serious heart patient” aged 72 when he wrote down his affidavit “after approximately three long years” since the meeting that he mentioned above.

According to Shamim, this was why he fell “victim to a misunderstanding” and wrote the name of judge by mistake instead of “senior puisne judge” in the affidavit. He said that he now “deeply regrets the grave mistake” that he inadvertently made and sought an unconditional apology for it.

The chief justice said that Shamim wants to apologise, however, he should first prove what was said in the affidavit. “If he fails to prove it, then Rana Shamim should call it a misunderstanding and apologise. It will then be taken into consideration,” he said.

IHC CJ Minallah remarked that the court will find out what is true, adding that the court will not take any action against Shamim if he proves that he is right.