Islamabad High Court Chief Justice Athar Minallah on Friday observed that remarks about retired officials did not warrant contempt of court charges, even if they were made against a former chief justice.
He made this observation during a hearing to decide the maintainability of a petition, filed by Advocate Kulsoom Khaliq, seeking contempt proceedings against PML-N leaders Maryam Nawaz and Shahid Khaqan Abbasi for trying to scandalise the judiciary through their statements against former chief justice of Pakistan Saqib Nisar.
Abbasi had on November 15 demanded that a suo motu notice be taken against Nisar after former chief judge of Gilgit-Baltistan Rana Shamim accused him of being involved in denying bail to PML-N supremo Nawaz Sharif and Maryam ahead of the 2018 general elections and questioned: "If Mian Nawaz Sharif can go to jail, why can't Mian Saqib Nisar?"
Read more: 'If Nawaz can go to jail, why can't Saqib Nisar?': Abbasi seeks suo motu on denial of bail to Maryam, Nawaz
His comments had come after an investigative report, published in The News by journalist Ansar Abbasi, quoted the former top judge of GB as saying in an alleged affidavit that he had witnessed Nasir relaying instructions to a high court judge to not release the father-daughter duo in the corruption references against them.
Taking up the plea against the PML-N leaders to decide about its admissibility, the IHC chief justice today said the person who had been targeted through the remarks (Nisar) could himself claim contempt and file a defamation case if they wanted to.
Justice Minallah insisted that judges were open-minded about criticism, saying, "Judges hold a very high position and they should welcome criticism."
The petitioner, Khaliq, also drew the attention of the chief justice towards another case against Ansar Abbasi and others over the investigative report pending with the IHC.
Also read: IHC issues show-cause notice to Ansar Abbasi, others over report alleging judicial interference by ex-CJP
However, Justice Minallah said it was a separate case and should not be mixed with the current one.
The IHC later reserved its verdict about the maintainability of the petition.