IHC finds answers in the case of audio leaks by former CJP Saqib Nisar as an evasive maneuver

IHC finds answers in the case of audio leaks by former CJP Saqib Nisar as an evasive maneuver

ISLAMABAD: The Islamabad High Court (IHC) issued a written order on Friday in connection with the former chief judge of Gilgit-Baltistan (UK) Rana Mohammad Shamim's affidavit described the alleged convicts' answers as evasive, stating that Charges would be brought against them on Monday in the event that they fail to file the original affidavit.

The ex-chief judge had previously taken the position in his statement that his affidavit might have been leaked by the British notary and published by the media. However, the IHC found that the alleged defendants had a grave responsibility to convince the court of the veracity of the published affidavits, which appeared to be false.

In a written warrant, IHC Chairman Athar Minallah warned that charges would be brought if the affidavit writer, Mr. Shamim, Jang Group's editor and editor-in-chief Mir Shakeel Ur Rehman, senior journalist Ansar Abbasi and resident editor Amer Ghouri it failed to show that it was executed and published for a good reason.

Former UK Chief Justice ordered to file

the original affidavit or threatened on Jan.

                                                                                     

Judge Minallah issued the order after reading Mr. Shamim's response explaining the reasons for the affidavit of former Pakistani Chief Justice (CJP) Saqib Nisar called an IHC judge and asked him had not to release him ex-prime minister Nawaz Sharif and his daughter Maryam Nawaz ahead of the 2018 general election.

A review of Rana Mohammad Shamim's written response shows that he is clearly of the opinion that he has not disclosed the affidavit to the press or shared it with anyone. He further stated that I submitted the declaration to the notary in London and handed it over to my grandson in a sealed envelope, with the clear instruction that he would neither open it nor give it to third parties. It was stated that the copy of the statement was being kept for record by the London notary, Judge Minallah noted.

At first glance, Rana Mohammad Shamim seems to have suggested that the affidavit may have leaked without his consent from the notary who certified his affidavit in London. He has also made unequivocal allegations that his affidavit was used for publication by alleged opponents Ansar Abbasi, Amir Ghouri and Mir Shakeel Ur Rehman without his express or tacit consent/permission. If so, it could have dire consequences for the London notary, as well as the alleged adversaries, who appeared to be in a hurry to publish the contents of the affidavit to disseminate to the general public, the court order said.

“The judge named in the affidavit was on leave”

Regarding Mr. Shamim's allegation that he overheard a telephone conversation between former CJP Nisar and the IHC judge on July 15, 2018, Judge Minallah noted: and was out of the country on July 15, 2018.

Under the IHC regulation, the timing of the news release was of vital importance as it related to the appeals put up for hearing. It also raises questions about the professional conduct of the reporter, editor and publisher of the widespread newspaper, the order says.

As a result, the court found that it had become crucial for the alleged convict, Rana Mohammad Shamim, to present the original affidavit to the court. Likewise, the veracity of the contents of the affidavit published in the newspaper is questionable, and the facts related therein appear improbable even to an ordinary, sane person. There is a prima-facie justified reason to believe that the content of the affidavit is incorrect and that it was not carried out in good faith.

The court found that the alleged defendants had a heavy burden to convince the court to carry out the affidavit in London and publish it without verifying the essential facts. The content raises unfounded defamation of the integrity, independence and impartiality of this court and its judges, undermines the parties' right to a fair trial in pending appeals and tends to undermine the administration of justice.

Judge Minallah described the alleged slanderer's answers as evasive and, at first glance, unsatisfactory. The IHC warned Mr. Shamim to produce the original copy of the affidavit; otherwise, charges would be brought on December 13th.