ISLAMABAD   -   The Islamabad High Court (IHC) Thursday formally framed the charges against former chief judge of Gilgit-Baltistan (GB) Rana Shamim in a contempt of court case initiated against him after his controversial affidavit.

However, the single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah deferred the indictment against the journalists including Mir Shakil ur Rehman, Editor in Chief, Aamir Ghouri, Editor, Ansar Abbasi on the request of Attorney General of Pakistan, amici curiae and journalists’ associations. 

The bench had started the proceeding against Rana Mohammad Shamim and others after publication of a news item claiming that Rana Shamim executed an affidavit in which he leveled allegations against former Chief Justice of Pakistan Saqib Nisar.

The bench further said that after extending extensive opportunity of hearing, the Court was, prima facie, satisfied that the interest of justice required to fix a date for framing of a charge in the open Court. It continued that for framing of charge, presence of the alleged contemnor is required. The charge was read out in the open Court to Rana Mohammad Shamim. 

The latter did not plead guilty and further stated that he would be producing his defense. At this, the court directed to submit his affidavit. 

The bench stated that the Court has already appointed amici curiae in order to ensure the transparency and fairness of the proceedings and the alleged contemnor, Rana Mohammad Shamim, shall be at liberty to lead his defense in accordance with his right to have a fair trial.

During the hearing, the Attorney General argued that the role of the other alleged contemnors/ journalists i.e. Ansar Abbasi, Aamir Ghauri and Mir Shakeel-ur-Rehman was secondary and he was of the opinion that though they had failed to exercise reasonable care but, at this stage, proceedings under the Ordinance of 2003 are not warranted. 

Faisal Siddiqui Advocate one of the amici curiae, was of the opinion that the reporter, editor and editor-in-chief were definitely reckless. However, he was of the opinion that a case of contempt is not made out. He suggested that the Court may pass an order under section 18(2) of the Ordinance of 2003 deprecating the reckless conduct of the reporter, editor and editor-in-chief.

The IHC also dismissed Rana Shamim’s another application wherein he prayed that instead of framing of charge, the court should undertake an inquiry. The court observed that the proceedings after framing of charge and a fair trial will enable him an opportunity to lead his defense. It further said that there cannot be a more effective mode for Rana to reveal the truth and rebut the presumption that assertions made by him are not true.