In a detailed verdict, the Islamabad High Court (IHC) has ruled the Council of Islamic Ideology (CII) lacks the legal authority to issue opinions on the criminal culpability of individuals.
Penned by Justice Mohsin Akhtar Kayani prior to his transfer to the Lahore High Court (LHC), the ruling declares the CII’s 2025 opinion labeling cleric Muhammad Ali Mirza a blasphemer “illegal, without lawful authority, and null and void.” It states that the CII grossly overstepped its mandate by entertaining a reference from the National Cyber Crime Investigation Agency (NCCIA) against Mirza.
Citing Articles 229 and 230 of the Constitution, the ruling observes that the CII’s advisory jurisdiction is strictly limited to providing guidance to the president, the governor, Parliament, and the provincial assemblies. The jurisdiction, it adds, does not extend to courts or investigative agencies.
“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,” it states, adding the CII’s opinion on a pending criminal matter had violated the accused’s fundamental right to a fair trial under Article 10-A.
The court has noted that an investigating agency may seek independent scholarly opinions from the CII but cannot treat it as a de facto court, as its opinions lack legal effect in criminal proceedings. “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,” it added.
The case pertains to a 2025 NCCIA investigation into a blasphemy case registered against Mirza under Section 295C of the Pakistan Penal Code and Section 11 of the Prevention of Electronic Crimes Act, 2016. During the probe, the body had sought the CII’s “scholarly opinion” on statement issued by Mirza and included the same in its investigation record.