ISLAMABAD
Islamabad High Court (IHC) has postponed till January 20 the indictment of Rana Shamim former chief judge Gilgit-Baltistan and others in contempt of court case.
At the inception of hearing Chief Justice (CJ) of IHC Athar Minallah remarked “ show us any such order of this court where there is such doubt that judge has been influenced.
CJ IHC while addressing senior journalist Ansar Abbasi remarked “ your petition has come. Tell us where is clerical mistake in the order. I am too being educated due to these proceedings.
Ansar Abbasi said it is mentioned in these orders I will publish them in public interest even if the facts are incorrect. I have not said any such thing.
CJ IHC remarked “ you wrote in the application this too that you did not know the affidavit was correct or incorrect. No other than this bench cares for freedom of expression. If any big name gives you affidavit then will you publish it. His narrative is this former Chief Justice of Pakistan (CJP) Saqib Nisar talked to a judge in a case.
That judge was not member of the respective bench. I, Justice Mohsin Akhtar Kiani and Justice Mian Gul Hassan Aurangzeb were included in the bench. It seems as if we the three judges were influenced.
The court remarked we tried our best during the entire proceedings that you should realize what you have done. See all previous news papers that what you are publishing. If you want to have conducted inquiry then it will not be held against those about whom it was all written but it will be held against those judges who were present in the bench at that time.
Ansar Abbasi said Rana Shamim has to tell about affidavit. We published claim of Rana Shamim and we too published the claim of former CJP Saqib Nisar.
The court remarked this court highly respects freedom of expression. How much criticism is made on me it makes no difference to me. No one realizes importance of the case pending hearing in the court. During judicial career this is the second contempt of court notice taken by me. Earlier too contempt of court notice was taken in a case pending hearing in the court.
Ansar Abbasi said “ to my view there should be no indictment.
CJ IHC remarked “ the court has to decide this and not you. You cannot dictate the court.
Senior journalist Nasir Zaidi said we have got justice from the court. You are ray of light in the darkness. It is requested to court not to charge sheet.
Ansar Abbasi said we took utmost care in the publication of affidavit. We did not mention the name of judge or court. We publish different statements and but we don’t say that the person who is giving statement is speaking the truth.
CJ IHC remarked when you were not sure that the affidavit was true then why you published it.
Ansar Abbasi said to my view this matter was not pending hearing.
CJ IHC remarked had there been only a statement instead of affidavit even then you would have published it.
Ansar Abbasi told the court he would not have published if it had been a statement instead of affidavit.
Amicus curiae Faisal Siddiqui said the case of criminal contempt of court is not made on the publication under negligence. I am opposing the indictment only to the extent of journalists. See the contempt of court case of Firdous Ashiq Awan.She committed contempt of court in press conference. All the media showed it. In this case no action was taken against the media.
CJ IHC remarked if the court gives decision regarding fundament rights of common man then it does not find any such space in the media. There is problem in the stance of Ansar Abbasi.
Reema umar told the court Ansar Abbasi included the stance of Saqib Nisar in his news item. Affidavit continued to run on social media but name of high court or judge has not been mentioned in the news item. The journalist took proper care to considerable extent while publishing the news.
The court while deferring the proceedings of contempt of court till January 20 adjourned the hearing of the case.
