IHC suspends CII’s opinion about Engineer Muhammad Ali Mirza

By Nadir Baloch

ISLAMABAD: The Islamabad High Court has suspended the Council of Islamic Ideology’s (CII) opinion regarding religious scholar Engineer Muhammad Ali Mirza.

IHC Judge Justice Mohsin Akhtar Kayani, in his order, wrote: “In this petition, Dr Muhammad Aslam Khaki has challenged the opinion issued by the Council of Islamic Ideology about an accused in a blasphemy case. Under the Constitution, only the president, a governor or Parliament is authorised to seek an opinion from the Council — not any private institution or individual. The court asked whether a private entity can also be allowed to obtain an opinion from the Council. This is an important question that requires further arguments. The Council’s director general has placed the relevant documents before the court.”

The court adjourned the case until December 4 and ordered that no action shall be taken on the disputed opinion until then. It further directed that the opinion must not be used in any court or investigation.

The suspension, initially issued on November 12, has now been extended until December 4, during which the Council’s opinion cannot be cited before any judicial forum. The court also instructed authorities — including the FIA, police and other relevant bodies — to ensure clarity regarding the issuance of any future opinions by the Council.

Earlier, the CII had declared Engineer Muhammad Ali Mirza guilty of blasphemy. The opinion was reportedly issued after the Council reviewed material provided by the National Cyber Crime Investigation Agency, including case documents and religious assessments.

Mirza, who was detained in August under public order laws, was later charged under blasphemy provisions for allegedly making controversial remarks. The CII concluded that Mirza had made blasphemous statements and recommended charges under Section 295-C of the Pakistan Penal Code.

Earlier, the Lahore High Court’s Rawalpindi bench had remanded a sessions court’s decision that had rejected the bail plea of Engineer Muhammad Ali Mirza.

Justice Sadaqat Ali Khan of the LHC Rawalpindi bench directed the lower court to review all records and documents afresh before issuing a new ruling.

According to Mirza’s counsel, Dr Tahir Ayoubi, “For the first time in history, the high court has remanded a blasphemy-related bail case back to a lower court and ordered the sessions court to rehear it.”