IHC declares CII opinion in Engineer Muhammad Ali Mirza case ‘null and void’

ISLAMABAD: The Islamabad High Court (IHC) has ruled that the Pakistan’s Council of Islamic Ideology (CII) has no legal authority to determine the criminal culpability of individuals, declaring its opinion in a blasphemy-related case “illegal, without lawful authority, and null and void.”

In a detailed judgment issued before his transfer to the Lahore High Court, IHC Judge Justice Mohsin Akhtar Kayani said that the CII had exceeded its constitutional mandate by issuing an opinion that labelled cleric-turned-YouTuber Engineer Muhammad Ali Mirza a blasphemer.

The court held that the constitutional body had acted beyond its advisory role under Articles 229 and 230 of the Constitution, which limit its functions to advising the president, parliament, and provincial assemblies.

“The council is not a fact-finding or judicial forum, nor is it its role to determine the criminal liability of an individual, as this authority lies solely with the courts,” the ruling stated.

The case stemmed from an investigation by the National Cyber Crime Investigation Agency (NCCIA) into a blasphemy complaint against Mirza under Section 295-C of the Pakistan Penal Code and provisions of the Prevention of Electronic Crimes Act, 2016.

During the probe, the NCCIA sought the CII’s “scholarly opinion” on a YouTube statement linked to the case and later included it in the investigation record.

The petition challenging the CII’s involvement was filed by lawyer Dr Aslam Khaki, who argued that the council had unlawfully exceeded its jurisdiction.

Justice Kayani said that while the CII’s interpretations of Islamic texts carried “significant intellectual value,” constitutional limits could not be overridden by past practice.

Investigating agencies may seek scholarly input for assistance, the court noted, but such opinions cannot be treated as binding or used to determine criminal liability.

“If deemed necessary, the federal government or the CII may approach parliament for appropriate amendments to expand the council’s jurisdiction. Until such amendments are made, any exercise beyond the existing constitutional mandate shall remain without lawful authority,” the judgment added.

The court accepted the petition, effectively invalidating the CII’s opinion and reaffirming that criminal liability can only be determined by the judiciary.