ISLAMABAD: The Islamabad High Court (IHC) has declared the opinion of the Council of Islamic Ideology against Islamic scholar Engineer Muhammad Ali Mirza illegal and declared it null and void.
The IHC has issued a written decision regarding the jurisdiction of the Council of Islamic Ideology to give an opinion, which is the decision of April 27, before the transfer of Justice Mohsin Akhtar Kayani.
The court’s decision said that the Council of Islamic Ideology is not authorized to give an opinion in a criminal case against any individual. Articles 229 and 230 of the Constitution do not authorize the council to intervene in individual cases.
According to the court, the Council of Islamic Ideology is authorized to give an opinion only to the national and provincial assemblies, the president, and the governors.
The decision said that the Cyber Crime Agency (NCCIA)’s request to seek an opinion from the council on the statement of an individual was an illegal action.
The court ruled that the Council of Islamic Ideology is not a fact-finding or judicial forum, nor is it its job to determine the criminal liability of an individual, as this authority lies solely with the courts.
The court’s ruling said that the opinion given by the council was a violation of the accused’s right to a fair trial (Article 10-A).
The ruling clarified that the council does not have the legal authority to declare an individual’s actions a crime. Unless the constitution is amended, the council cannot exceed its current mandate.
