ISLAMABAD - The Islamabad High Court (IHC) Wednesday turned down a petition moved by the family of Ahmad Hassan Rana Advocate son of former chief judge of Gilgit-Baltistan (GB) Muhammad Shamim Rana against some PTI ministers and leaders.
A single bench of IHC comprising Chief Justice Justice Athar Minallah dismissed the petition moved by the petitioners including Mrs. Anum Ahmed Rana W/o Ahmed Hassan Rana, Muhammad Hamza Rana S/o Ahmed Hassan Rana and Miss Areeba Ahmed Rana D/o Mr. Ahmad Hassan Rana and sought disqualification of PTI leaders and ministers and contempt of court proceedings against them and other respondents. During the hearing, Ahmed Hassan Rana Advocate appeared on behalf of the petitioners. The court noted in its written verdict that it is obvious from a plain reading of the prayers of the petitioners that they relate to Rana Mohammad Shamim.
The bench added that it appears that the petitioners feel that the latter has been defamed by the respondents no 3 to 10. It asked from Ahmad that whether Rana Muhammad Shamim has instructed the petitioners to invoke the jurisdiction of the Court because only he could be treated as an aggrieved person under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. He answered in the negative.
The IHC bench observed that the petitioners have framed questions in the memorandum of the petition and it has been, inter alia, asserted that on the basis of certain events, the petitioners are of the opinion that the “judiciary is under pressure from outside forces.”
The court asked from the counsel that whether as a member of the Bar, he could point out any proceedings, order or constitution of Benches relating to this Court since 2018, which may have created doubts regarding its independence and that of its judges. Rana unequivocally stated that neither he nor the petitioners doubted the independence of this Court and its judges.
Justice Athar noted that such unfounded and misconceived aspersions cast on the independence of this Court and its judges for extraneous reasons, is definitely not in public interest because it erodes confidence of the people in the administration of justice. “Moreover, it has profound consequences for the litigants and their right to fair trial. Independence and impartiality of a Court and its judges is not tested on the basis of misconceived and motivated narratives but, rather, manifested through its judgments,” maintained the judge.
In the petition, they cited federation of Pakistan through Ministry of Law, Chairman Pakistan Electronic Regulatory Authority, Senator Faisal Vawda, Federal Minister Fawad Chaudhry, PTI leader Sadaqat Ali Abbasi, Farrukh Habib Federal Minister of State Information and Broadcasting, Anwar Mansoor Khan former Attorney General of Pakistan and others as respondents.
Their counsel stated that it is very mentally disturbing for the petitioners to face the questions such as “whether your father-in-law and grandfather has compromised his reputation for some perks and privileges awarded by Mian Muhammad Sharif to Justice (R) Rana Muhammad Shamim?”
He prayed to the court to declare that respondents including Vawda, Fawad Ch, Farrukh Habib and Abbassi are liable to be disqualified under article 63 1 (a) AND 62 1 (f) of the Constitution of Pakistan,1973 and declare that they are not sagacious, righteous and non-profligate and honest and ameen.
He also requested the court to declare them liable to be disqualified under Article 62 (1)(f) of the constitution of Pakistan, 1973 and for violating Rule 3 (i)(j)(k) and (l) of the PEMRA Code of Conduct, 2015. He prayed to the court to direct the respondent no 6 (Farrukh) to tender an apology on national TV for tarnishing the image of Rana Shamim in the eyes of general public. He added that the court may reprimand and punish respondent including Anwar Mansoor, anchorpersons Kashif Abbassi and Waseem Badami in accordance with law for violating Rule 22 of the PEMRA Code of Conduct, 2015 read with section 33 (1 & 2) of the PEMRA Ordinance, 2002.