Muhammad Ali Mirza case: IHC reserves verdict on petition challenging CII opinion on blasphemy

The Islamabad High Court (IHC) on Wednesday reserved its verdict on a petition seeking to nullify the Council of Islamic Ideology (CII)’s opinion that declared Engineer Muhammad Ali Mirza guilty of blasphemy.

Justice Mohsin Akhtar Kayani heard the case, during which Advocate Hafiz Muhammad Tahir Ayubi appeared on behalf of the petitioner, Dr. Aslam Khaki.

The CII submitted an incomplete response to the court. The IHC directed the council to file a comprehensive reply and satisfy the court regarding its jurisdiction in the matter.

27th Constitutional Amendment

Justice Kayani noted that the CII is an advisory body, questioning its authority to issue such opinions outside of its constitutional mandate.

“Does the Council of Islamic Ideology have the authority to give opinions to anyone other than the parliament, the president, or the provincial governors?” the judge asked.

During the hearing, Justice Kayani made a remark about the 27th Constitutional Amendment, saying that since the amendment is being passed, perhaps the CII could also seek to expand its powers.

He further remarked that the court could announce the verdict within this month, noting that “after the amendment, we might not even retain this authority.”

CII officials informed the court that the CII chairman’s position is currently vacant and requested time to submit a complete response once a new chairman is appointed. They confirmed that a recommendation for the appointment has already been forwarded and that the post would be filled soon.

The court adjourned further proceedings until December 4.

Case Details

The petition challenges the CII’s opinion in which it declared Engineer Muhammad Ali Mirza guilty of blasphemy. The opinion was reportedly issued after the CII reviewed materials provided by the National Cyber Crime Investigation Agency, which included case documents and religious opinions.

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, recommending charges under Section 295-C of the Pakistan Penal Code.