The Islamabad High Court rejected the pardon of former Chief Judge Gilgit-Baltistan Rana Shamim in the contempt of court case.
The court granted Rana Shamim a week’s time to file another affidavit. The case came up for hearing on Monday before a single bench of the IHC headed by Chief Justice (CJ) Athar Minullah.
The judge remarked that it is my personal opinion that if someone apologizes sincerely, we have no ego in the matter. You can criticize this court or judges. We have clarified the law.”
The court asked Rana Shamim’s lawyer what he wrote in his statement. “We have submitted an unconditional apology,” Rana Shamim’s lawyer said. Our apology should be accepted.” The court directed Rana Shamim to take his seat.
Rana Shamim’s lawyer told the court that he read the last paragraph of Rana Shamim’s statement. Rana Shamim wrote that after the Chief Justice, he heard from Saqib Nisar about the senior most judge.
The court remarked that at that time he was number four whose name you mentioned in the affidavit. You are complicating the case. Is Rana Shamim still sticking to his affidavit? No one can influence this court even if he is the Chief Justice. Adherence to an affidavit and an apology cannot go hand in hand. You made an allegation and a major newspaper published it. You say the memory was not good. Are you still saying that you made this statement wrong?
Rana Shamim’s lawyer said no, I didn’t say that. The court remarked that if it is not so, this court will clear it. There is no half-hearted apology. If anyone has influenced this court after 2018, we are accountable. This joke has been played a lot. This is IHC. In a contempt of court case, the other person has to be made aware of what he has done. Did he apologize unconditionally? It is not a matter of ego of the court. See all past records of this court to see what is happening in contempt cases. Whoever was the most senior judge at that time cannot be ignored by the court. We can do this to give Rana Shamim another chance. Rana Shamim should give this statement in the form of an affidavit. This court does not want to harm anyone. It is not the purpose of the law of contempt of court to harm anyone.
The court directed Rana Shamim to submit an affidavit. Submit the affidavit within a week without any pressure. This statement will not harm you. In US criminal cases, if the accused tells everything, it is considered sufficient.
Rana Shamim told the court that I am ready to file another affidavit today. The court remarked that you should carefully file the affidavit again. Special Assistant Faisal Siddiqui told the court that any new statement made by Rana Shamim should be published in the newspaper. He said that the way the court was made controversial, it should be clarified in the same way. We will look into the matter.” The hearing of the case was adjourned till September 19.
Shamim was formally indicted by the IHC for the allegations he leveled against the former chief justice in a signed affidavit in London. Shamim’s lawyer Abdul Latif submitted a written apology stating that the former Chief Justice of GB heard the views of former Chief Justice Nisar during a tea meeting with him.
Shamim wrote in the apology that he was suffering from extreme depression and had a “severe heart condition” at the age of 72 when he wrote his affidavit “almost three years” after the said meeting.
According to Shamim, this is why he “misunderstood” and mistakenly wrote the judge’s name instead of “senior judge” in the affidavit. He said he now “regrets the grave mistake” he inadvertently made and apologized unconditionally.
The Chief Justice said that Shamim wants to apologise, first prove what was said in the affidavit. If he fails to prove it, then Rana Shamim should apologize by calling it a misunderstanding. It will be considered after that,” he said.
Islamabad High Court Chief Justice Minullah remarked that the court will find out what is true, if Shamim is right then the court will not take any action.
