Ex-Gilgit-Baltistan chief justice Rana Shamim filed an intra-court appeal in the Islamabad High Court (IHC) on Tuesday, challenging his indictment in the affidavit case.
The former CJ claimed that barring those who published the affidavit – accusing former chief justice of Pakistan Saqib Nisar of influencing the case against former premier Nawaz Sharif – in a newspaper and “indicting me alone is unconstitutional”.
Justice Shamim made journalist Ansar Abbasi, the bureau chief and editor-in-chief of the said publication parties to the case. He questioned how the court will ascertain how Ansar Abbasi got hold of the affidavit if the latter will be excluded from trial.
Justice Rana Shamim requested the court to quash the case by declaring the indictment order null and void, adding that there was nothing on record to prove that he provided the affidavit.
“The main accused in the case was discharged on the assurance of private persons. The law does not envisage doing so on the assurance of private individuals,” he added.
Furthermore, the former G-B chief justice stated that the individuals who confessed to publishing the document were not indicted but he was, “despite clearly stating that he had not provided the affidavit for publishing to anyone”.
The IHC on January 20, indicted former Gilgit-Baltistan chief justice Rana Shamim on contempt of court charges.
However, the court deferred framing charges against the media personnel involved in the case including investigative journalist Ansar Abbasi, editor-in-chief of a national daily, and its resident editor.
The high court had initiated proceedings against Shamim and the media personnel after an affidavit by the former G-B chief judge was published in a newspaper that accused former chief justice Saqib Nisar of influencing the case against former premier Nawaz Sharif and his daughter Maryam Nawaz.
IHC CJ Athar Minallah warned that if it came to light during the hearing that media personnel had done this deliberately, action will be taken against them as well.
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