The Islamabad High Court on Friday rejected as “inadmissible” a petition that sought contempt of court proceedings against PML-N leaders Maryam Nawaz and Shahid Khaqan Abbasi.
“The criticism against former CJ Saqib Nisar has hurt the sentiments of the petitioner. Nisar has been criticised in his individual capacity. This does not come under the offence of contempt of court,” read the court order from Justice Athar Minallah.
The petitioner had contended that the PML-N leaders made the “judiciary controversial” by their statements pertaining to former chief justice Saqib Nisar.
In the wake of an investigative report, published in The News, Abbasi had asked the top court to take suo motu notice against Justice Nisar. According to the report, former chief judge of Gilgit-Baltistan, Rana Shamim, in an affidavit had accused Nisar of keeping former premier Nawaz Sharif and Maryam jail without bail before and during the general elections of 201
“If Mian Nawaz Sharif can go to jail, why can’t Mian Saqib Nisar?” Abbasi had said in a statement.
Moreover, Maryam in her November 24 presser demanded of the ex-CJ to reveal the names who forced him to convict her father and herself. The PML-N leader’s reaction had come after a leaked audiotape apparently of Nisar.
“You were [Justice Nisar] ordered to bring Imran. The process of accountability was different for Imran [Khan] and Nawaz [Sharif],” she had said.
Earlier in the day, the court had reserved its decision on the petition on the basis of whether it was admissible or not. The court later calling the petition "inadmissible" issued a five-page judgment.
IHC CJ Minallah said that the affected person can also file a defamation suit, adding: “Making statements related to retired officials do not lead to contempt of court proceedings, even if the person is a retired chief justice.”
The applicant also raised the “Rana Shameem revelations” case. To this, the IHC CJ said that the one you mentioned was a separate case, while directing him not to mix it with the current case.
“Judges are open-minded about criticism,” CJ Minallah said, “Even if it’s a former chief justice, it [statements] does not lead to contempt of court… judges are at a higher position, they should welcome criticism.”
