ISLAMABAD - The Islamabad High Court (IHC) Monday took notice of the allegations levelled by the former chief judge of Gilgit-Baltistan (GB) against former chief justice of Pakistan Saqib Nisar and issued contempt of court notices to the respondents.

In this regard, IHC Chief Justice conducted hearing of the matter and issued contempt of court notices to Mir Shakeel-ur-Rahman, Editor-in-Chief, Aamir Ghouri, Editor, and Ansar Abbasi of ‘The News’ of the Jang Group of Newspapers’.

The court also issued notices to Rana Mohammad Shamim, former chief justice of Gilgit Baltistan (GB), and directed all of them to appear before the court today. It also directed the respondents “to explain why proceedings under the Contempt of Court Ordinance, 2003, may not be initiated against them read with Article 204 of the Constitution of the Islamic Republic of Pakistan, 1973.” Besides this, the court issued notices to the Attorney General for Pakistan and the Advocate General, Islamabad Capital Territory.

IHC summons all respondents for today after news report publication

The IHC bench stated in its order that the Registrar has drawn attention to a news item published in “The News” on November 15, 2021, titled “Saqib Nisar directed not to release Nawaz, Maryam before 2018 elections” and the news item has been reported by Ansar Abbasi.

It added that the news item is regarding pending appeals, which are fixed for hearing before a Division Bench of this court on 17-11-2021. The news item refers to some affidavit executed under oath by former chief justice of the Appellate Court of Gilgit-Baltistan, Rana M. Shamim.

The court order said that it has been reported that the latter claims that he was a witness to a telephonic conversation by Justice (Retd) Saqib Nisar, former Chief Justice of the Supreme Court of Pakistan, whereby the latter had purportedly directed a judge of this court ‘not to release Nawaz Sharif and Maryam Nawaz on bail at any cost before the 2018 general elections’. The report has also stated that Rana Mohammad Shamim confirmed executing such an affidavit when he was contacted.

The IHC bench noted that trial outside a court in any form which tends to influence the proceedings and determination in a pending matter attracts the offence of criminal contempt.

“The report published in ‘The News’, prima facie, tends to influence the proceedings and determination in a pending matter and having the effect of obstructing the administration of justice and/or to divert the cause of justice because no such affidavit forms part of the judicial record,” said the order.

It continued, “The publishing of reports during the pendency of a matter are the most serious form of contempt. Likewise, the aforementioned published report, prima facie, amounts to prejudicing public confidence in the administration of justice in a pending matter besides scandalizing this court.”

The IHC Chief Justice also noted, “Maintaining integrity of the administration of justice is in the public interest. The aforementioned publication, prima facie, appears to undermine public confidence in the impartiality and independence of this court and its judges. Safeguarding the dignity and decorum of this court and the administration of justice is inevitable for upholding the rule of law and to ensure that disputes are decided in a fair and uninfluenced manner.”