Freedom of expression does not allow media to influence cases, cast aspersions on judges
The Islamabad High Court (IHC) said on Friday that the affidavit that accused former chief justice Saqib Nisar of manipulating the cases against ex-premier Nawaz Sharif “appeared to be an attempt to influence the proceedings, obstruct and interfere with the due administration of justice”.
These remarks were made in a 12-page ruling authored by IHC Chief Justice Athar Minallah in a contempt of court case against former top judge of Gilgit-Baltistan Rana Muhammad Shamim, senior journalist Ansar Abbasi, a resident editor and editor-in-chief of a national daily.
“The questionable contents of the affidavit, the timing, the place of its execution and then its mysterious leak followed by a hasty publication…had likely profound consequences for the proceedings pending before the Court relating to the appeals preferred by the two persons named therein.
“The publication and the contents of the affidavit could be prejudicial to the right of fair trial of the two potential beneficiaries named therein and whose appeals were pending and fixed for hearing on 17-11-2021,” the IHC CJ added.
“The notion of the alleged contemnors that a document in the form of an affidavit has evidentiary value even though not part of any judicial record, is misconceived,” it said, adding that the most important aspect relates to the right to the fair trial of the two potential beneficiaries, Nawaz Sharif and Maryam Nawaz, named in the affidavit
“They were the potential beneficiaries and their appeals were fixed for hearing two days after the date of publication i.e. on 17-11-2021. They have not owned the document.
