The Islamabad High Court has declared an opinion issued by the Council of Islamic Ideology against Engineer Muhammad Ali Mirza as illegal and void. The ruling has clarified the legal limits of the council’s authority.
The detailed judgment was issued by Justice Mohsin Akhtar Kayani on April 27. The written order has now been made public. The court examined whether the council had the power to issue such an opinion.
In its decision, the court stated that the opinion against Engineer Muhammad Ali Mirza has no legal standing. It emphasized that the council cannot intervene in individual cases. The ruling explained that such actions fall outside its constitutional role.
The judgment referred to Articles 229 and 230 of the Constitution. It clarified that these provisions do not allow the council to issue opinions in criminal matters. The court noted that the council’s role is limited to advisory functions.
According to the ruling, the council can only guide the National Assembly, Provincial Assemblies, and key state offices. It cannot make decisions about individuals. The case involving Engineer Muhammad Ali Mirza highlighted this limitation.
The court also addressed the issue of cybercrime proceedings. It stated that seeking the council’s opinion in such cases is unlawful. Criminal matters must be handled by courts and relevant authorities.
The judgment further noted that the council is not a judicial body. It cannot determine guilt or innocence. These powers are reserved for the judiciary. The court said that allowing such opinions could affect the right to a fair trial.
The petition filed against the council’s opinion was accepted. The court ruled that the council cannot declare any act of an individual as a crime. It added that such authority would require a constitutional amendment.
Legal experts say the decision is significant. It clearly defines the boundaries of advisory institutions. It also reinforces the independence of the judiciary.
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The ruling provides relief to Engineer Muhammad Ali Mirza. It also sets an important precedent for future cases. The decision highlights the need to follow constitutional limits in legal matters.
