ISLAMABAD – The Islamabad High Court has declared the opinion of the Council of Islamic Ideology against Engineer Muhammad Ali Mirza illegal and void.
A detailed written judgment issued by Justice Mohsin Akhtar Kayani on April 27 (before his transfer) has now been released.
In its key ruling, the court questioned the legal scope of the Council’s authority, stating that its opinion against Engineer Muhammad Ali Mirza is unlawful and has no legal standing.
The judgment noted that the Council is not empowered to issue opinions in criminal cases against individuals. It added that Articles 229 and 230 of the Constitution do not grant it authority to intervene in individual legal matters.
The court further stated that the Council may only advise the National and Provincial Assemblies, as well as the President and Governors. It ruled that seeking the Council’s opinion on an individual’s statement in a cybercrime case is unlawful.
The judgment emphasized that the Council is neither a fact-finding nor a judicial body and has no authority to determine criminal liability, which lies solely with the courts. It added that such opinions violate the right to a fair trial.
The court accepted the petition challenging the Council’s opinion and stated that it has no legal authority to declare any act of an individual as a crime unless the Constitution is amended. It ruled that the Council cannot exceed its constitutional mandate under the current framework.
