CII cannot give opinions in Individual criminal cases: IHC

The Islamabad High Court (IHC) on Monday has declared that the Council of Islamic Ideology (CII) is not authorized to render opinions in individual criminal cases, ruling that such interventions violate a suspect's right to a fair trial

ISLAMABAD, (APP - UrduPoint / Pakistan Point News - 4th May, 2026) The Islamabad High Court (IHC) on Monday has declared that the Council of Islamic Ideology (CII) is not authorized to render opinions in individual criminal cases, ruling that such interventions violate a suspect's right to a fair trial.

Justice Mohsin Akhtar Kayani issued the landmark written order on April 27 before his transfer, stating that Articles 229 and 230 of the Constitution do not empower the Council to interfere in individual cases.

According to the judgment, the Council of Islamic Ideology can only provide opinions to the National Assembly, Provincial Assemblies, the President and Governors. The court ruled that the National Cyber Crime Investigation Agency's (NCCIA) act of seeking the Council's opinion on an individual's statement was illegal.

"Neither is the Council of Islamic Ideology a fact-finding forum nor a judicial forum," the court observed. "Determining the criminal liability of an individual is not the Council's function — it is the exclusive authority of the courts."

The court further held that any opinion issued by the Council constitutes a violation of an accused's right to a fair trial guaranteed under Article 10-A of the Constitution.

The IHC declared the Council's opinion in the case of Engineer Muhammad Ali Mirza illegal and null and void, accepting the petition filed against the CII's ruling.

"The Council does not have the legal authority to declare an individual's act as a crime. Unless the Constitution is amended, the Council cannot exceed its existing mandate," the judgment stated.