IHC suspends order to form blasphemy law commission

ISLAMABAD: A two-member bench of the Islamabad High Court (IHC) on Thursday suspended a single-bench verdict that had directed the federal government to form a commission to investigate the misuse of blasphemy laws.

The bench comprising Justice Khadim Hussain Soomro and Justice Azam Khan announced the verdict after hearing intra-court appeals filed against the earlier order issued by Justice Sardar Ejaz Ishaq Khan.

‘Form commission within 30 days’

The earlier judgment had ordered the federal government to establish a fact-finding commission within 30 days to determine whether blasphemy laws were being misused. Justice Sardar Ejaz had remarked that the commission could seek more time if needed and should examine the possibility of wrongful prosecution under blasphemy charges.

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The single bench had ordered to form a commission after conducting daily hearings on petitions filed by the relatives of people facing blasphemy cases.

More than 100 petitioners had approached the IHC, stating that their relatives were facing blasphemy cases, many of whom had already been convicted by trial courts and had pending appeals before various high courts. They also claimed that a “blasphemy business gang” had trapped their relatives through “honey trap” tactics, compelling them to share or post allegedly blasphemous content on social media.

Rao filed intra-court appeal

However, Advocate Rao Abdul Rahim – who  per the IHC’s earlier order and Special Branch’s report, was the lead person of the blasphemy gang – filed an intra-court appeal against the formation of the commission.

He argued that the single-bench had exceeded its jurisdiction and taken a suo motu-like approach without hearing opposing parties. He contended that the petitioners already had legal forums such as trial courts but bypassed them to directly approach the high court.

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Rahim maintained that the formation of a commission in criminal cases contradicted existing laws and precedents set by superior courts.

Notices issued to all respondents

During today’s hearing, his counsel Kamran Murtaza questioned how the appellants were denied the right to be heard, and argued that creating such a commission was the federal government’s prerogative, not the court’s.

He further argued that the order implied an authority beyond even that of the Supreme Court and asked whether the case could remain pending after a final order. The bench agreed such a situation was legally unsustainable.

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After initial proceedings, the court had reserved its ruling on the maintainability of the appeals. Later on, the two-member bench issued its verdict, suspending the earlier judgment and issuing notices to all respondents involved in the original petitions.

‘We don’t seek changes to blasphemy law’

Meanwhile, parents and relatives of the youths accused in blasphemy cases clarified that their application to the federal government and a writ filed in the IHC do not seek any amendment or opposition to the blasphemy laws. Instead, they are demanding a transparent inquiry to prevent the victimisation of innocent individuals through false accusations.

They held a press conference at the National Press Club on Thursday in response to the ‘propaganda’ circulating on social media, which alleges that the relatives of those accused of blasphemy are conspiring against the blasphemy law and want it to be abolished.