ISLAMABAD: The Islamabad High Court (IHC) has deferred the indictment of former Gilgit-Baltistan (GB) Chief Justice Rana Shamim and others within the contempt of court docket case until January 20. geo information Reported on Friday.
The IHC, in a earlier listening to, determined to indict the previous GB Chief Justice and journalists in a case associated to the publication of an affidavit containing critical allegations that former Chief Justice of Pakistan Saqib Nisar had tried to affect a case associated to former Prime Minister Nawaz Sharif. had tried. Sharif and his daughter Maryam Nawaz.
At the beginning of right now’s proceedings, IHC Chief Justice Athar Minallah instructed journalist Ansar Abbasi that the court docket had obtained his plea of a clerical error within the order. “Tell me, what is the clerical error in the order?”
The journalist instructed the IHC CJ that within the order, the court docket had quoted him as saying that even when any declare was false, he would publish it within the curiosity of the general public.
Responding to the journalist, the IHC CJ stated, “In your application, you yourself wrote that you were not aware whether his claim against Nisar was true or not.”
The decide requested Abbasi whether or not he would publish an affidavit primarily based solely on a outstanding character that will be submitted to him.
“The prevailing legend is that Saqib Nisar had influenced a judge in a case. However, the said judge was not even a part of the bench. [which tried Nawaz and Maryam],
“Justice Mohsin Akhtar Kiyani, Justice Miyangul Hasan Aurangzeb and I have been a part of that bench. […] And [in light of the news story]’Looks like we have been affected,” he said.
Justice Minallah said that if there is an inquiry, it will be against the judges who were part of the bench.
The CJ of the IHC told Abbasi that throughout the proceedings he tried to explain to the journalist what he had done.
“Take a have a look at previous newspapers and see what you’ve got printed.”
“The story was printed two days earlier than the listening to of the enchantment on this case,” he said.
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‘No one knows the importance of the ongoing case’
On this, Abbasi said that Shamim will have to answer the court regarding his affidavit.
Stating that he followed the principles of journalism, Abbasi said he had published the former GB judge’s claim with Nisar’s rebuttal.
The CJ of the IHC said that he respects the right to freedom of expression and does not care about criticism made against him.
“No one is aware of concerning the significance of a case occurring in court docket. Sometimes issues are executed unintentionally. This is the second case of contempt of court docket that I’m listening to in my judicial profession.”
The IHC CJ also told Abbasi that his case was pending, yet he was still publishing statements from international institutions. To this the journalist said that he believed that the court should not frame the charges.
It is pertinent to mention here that Reporters Without Borders (RSF) and other journalist organizations had urged the IHC to stop the contempt proceedings against the journalists.
Justice Minallah said, “You won’t resolve, the court docket will do, you can not direct the court docket.”
Pakistan Federal Union of Journalists (PFUJ) general secretary Nasir Zaidi, who was present during the hearing, said that the court is a light in the dark as this court has given justice to journalists.
“I enchantment that you simply chorus from framing the costs,” he said.
The court asked the Secretary General of PFUJ whether the final order of the court had been sent to international organizations.
To this, Zaidi said, “the court docket’s resolution was printed out and the textual content was circulated the world over”.
The IHC CJ then asked whether he should also appoint a foreign expert to assist in the matter, given the circumstances.
At this point, Abbasi said: “We publish many statements, however we don’t point out whether or not they’re true”.
The IHC CJ reiterated its question that if the journalist was not aware of the authenticity of Shamim’s affidavit, why did he publish it.
Shamim’s lawyer started the debate
After the conversation between the journalist and Justice Minallah ended, former CJ GB Rana Shamim’s lawyer Abdul Latif Afridi began his arguments and said that it is not possible to stop an international organization from commenting on anything.
Afridi also argued that since a suspect was not present in court today, charges should not be framed, noting that every day some minister or adviser makes a statement which also gets published.
As the lawyer was speaking, Abbasi told the IHC’s CJ that he took care while publishing the affidavit and did not name the judge in the story. “I believed that wasn’t the case anymore.”
No need for criminal proceedings against journalists
Court’s amicus curiae Faisal Siddiqui told the judge that publishing a news item “irresponsibly” does not warrant criminal contempt proceedings against a person.
“I’m simply towards accusing journalists […] A have a look at the contempt case of Firdous Ashiq Awan; Awan was concerned in contempt of court docket and aired on each media channel [her press conference],
“Even in that case, no action was taken against the media.”
To this, the IHC CJ stated the problem was with Abbasi’s stand, as he requested the journalist to point out him any judgment which may counsel that the court docket has issued orders in impact.
AGP calls for delay in prosecution of journalists
Pakistan’s Attorney General (AGP) Khalid Javed Khan stated that the listening to shouldn’t be affected in any approach, regardless of the mistake, as he stated that if journalist Abbasi receives an affidavit any longer, he’ll take it additional. Will examine for certain. ,
The AGP stated that the court docket ought to indict Rana Shamim and a good trial could be held towards him. However, he urged the court docket to delay the prosecution of the journalists. “But he must be present during the court proceedings”.
After listening to the arguments, the CJ of the IHC instructed the journalist that he was not questioning his credibility, but in addition talked about that “Abbasi sir, I do not doubt your credibility, but you do not know that you are here.” making a mistake”.
After this, the court adjourned the hearing of the case till January 20.
proceedings of the last hearing
At the last hearing, Shamim’s affidavit was read out in court – more than a month after it was first published. Justice Minallah asked the former judge whether it was his. Shamim confirmed that this was his original affidavit.
The IHC had initiated proceedings against the accused after Shamim’s affidavit was published in The News, accusing Nisar of influencing a case involving former prime minister Nawaz Sharif and his daughter Maryam Nawaz.
Defending himself when given an opportunity to speak during the proceedings, journalist Ansar Abbasi said that he had spoken to Shamim before the publication of the news.
“She [Shamim] May be unable to recollect correctly and forgetting, however I’ve defined it in my story and I’ve his textual content message as properly,” Abbasi said.
During the hearing, Justice Minallah also said that Shamim’s response, which was presented earlier in the court, has put the entire burden on journalist Abbasi.
“She [Shamim] It additionally stated that the doc may have been leaked by a notary public,” stated the IHC CJ, including that the matter isn’t restricted to former CJP Nisar solely.