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Express Tribune
21-07-2025
- Politics
- Express Tribune
IHC startscontempt case against PM, cabinet
The Islamabad High Court (IHC) has initiated contempt proceedings against Prime Minister Shehbaz Sharif and his entire cabinet for disregarding its order to provide reasons for not assisting a US court hearing the case of incarcerated neuroscientist Dr Aafia Siddiqui. "As the government has not reverted with the reasons despite being directed to do so, it is in contempt, leaving me with no option but to issue a notice of contempt to the Federal Government. "Office is directed to initiate a contempt petition accordingly, in which all the members of the Federal Government will be respondents. The replies of all the ministers, including the prime minister, shall be filed within two weeks from today," said a three-page order authored by Justice Sardar Ejaz Ishaq Khan. The judge noted that in his last order he had given the government time to revert with its decision, while cautioning the state law officer that inaction would result in contempt proceedings. The federal government on July 15 approached the Supreme Court, seeking to overturn the May 16, 2025, order of the IHC that allowed amendments to a previously settled petition concerning Dr Aafia Siddiqui - nearly a decade after its filing. The SC, however, has not yet listed the petition for hearing. Justice Ejaz Ishaq Khan was to go on summer vacation from Monday (July 21). However, he had announced at the last hearing that he would hear the case on July 21. Interestingly, the IHC did not list the case for hearing before his bench. The judge, nevertheless, heard the case on Monday and later issued a blistering order, criticizing IHC Chief Justice Sardar Muhammad Sarfraz Dogar and the entire "demolition squad catapulted into" the IHC after the 26th amendment. Justice Khan noted that the leave schedule was announced much earlier to the date on which he had ordered to list this case today, given its importance and the need for swift dispensation of justice "On Thursday or perhaps Friday, I was informed through my PS [personal secretary] by the office that the cause list will not be issued unless the roster of the sitting judges for this week was amended with the leave of the chief justice. "That seemed to me a trivial matter and I asked my PS to move an application accordingly. I was informed on Saturday that the application was duly moved but the file remained on the table of the Chief Justice, who did not find even 30 seconds to sign it. "Whether that was by design or oversight, I cannot say for sure, but given the manner in which the roster of judges has been used as a tool for the desired outcome in specific cases, and given the government's stiff opposition to do what is right and to stand by the daughter of the nation at the critical juncture of the motion before a US Court, I may be forgiven for thinking that it was the former." He said the government filed an appeal before the Supreme Court against his earlier decision permitting amendments to the petition for continuation of this case but the SC did not take up the case. "[So] the machinations of the executive appeared elsewhere, in the form of controlling the proceedings of this court through its roster. "The legal historians would write that now, even if he wishes to by reason of imperatives of urgent justice, a judge is now not allowed to hold court by the high court establishment when he is on leave." He stated that the correct legal position is that the office cannot use the shoulder of the CJ in the exercise of administrative powers to obstruct judicial proceedings ordered by a judge. He said the motivation of a judge to hold court on a day on which he is officially' on leave would spell out whether the reason to hold court was any ulterior motive or the dispensation of justice. "I trust that all right thinking men and women would agree with me that today my decision to hold court was solely and exclusively for the purposes of dispensation of justice. He said gone were the days when a judge could pass an order even while playing golf or dining with his family, if the exigency so required. The ceremony of robes and a courtroom – or the menial triviality of a cause list as in this case were never the indispensable prerequisites for him to carry out judicial business. "This is yet another instance of the reproachable use of the administrative power to shackle the exercise of independent judicial authority, with the likely motivation to pend (until my leave ends) the government's response with reasons as to why it would not sign the amicus brief. "However, the imperatives of justice shall not be defeated by such petty means. To the extent I can, I will exercise my judicial authority to the end of upholding the dignity of the High Court and the justice it dispenses," he added. The bench will resume hearing the case on September 1.
Express Tribune
16-07-2025
- Politics
- Express Tribune
IHC orders probe into online blasphemy spike
Listen to article The capital's high court has ordered a government probe into allegations that young people are being entrapped in online blasphemy cases, following appeals from hundreds of families. There has been a spike in cases of mostly young men being arrested for committing blasphemy in WhatsApp groups since 2022. Rights groups and police have said that many are brought to trial by private law firms, who use volunteers to scour the internet for offenders. "The government will constitute a commission within a 30-day timeframe," said Justice Sardar Ejaz Ishaq Khan, adding that the commission is required to submit its findings within four months. A report published by the government-run National Commission for Human Rights in October last year said there were 767 people, mostly young men, in jail awaiting trial over blasphemy allegations. "This is a huge ray of hope and it is the first time that the families have felt heard," said lawyer Imaan Mazari, who represents the families of arrested men and women, of the court order. "Youngsters have been falsely roped into cases of such a sensitive nature that the stigma will last forever even if they are acquitted," she added. A 2024 report by the Punjab Police into the sudden spike in cases, that was leaked to the media, found that "a suspicious gang was trapping youth in blasphemy cases" and may be motivated by financial gain. The Legal Commission on Blasphemy Pakistan (LCBP) is the most active of lawyers groups prosecuting young men in Pakistan. Sheraz Ahmad Farooqi, one of the group's leaders, told AFP in October that "God has chosen them for this noble cause". In recent years, several youngsters have been convicted and handed death sentences, although no execution has ever been carried out for blasphemy in Pakistan. "We will fully support the probe commission and are confident that our voices will finally be listened to, our concerns will be heard, and the truth will come out," the relative of one of the accused, who asked not to be named because of the backlash, told AFP. WITH INPUT FROM AFP
Business Recorder
16-07-2025
- Politics
- Business Recorder
Blasphemy cases: IHC orders govt to constitute commission within 30 days
ISLAMABAD: The Islamabad High Court (IHC), Tuesday, directed the federal government to constitute a commission within 30 days to probe blasphemy cases. A single bench of IHC comprising Justice Sardar Ejaz Ishaq Khan issued the directions in petitions filed by the victim families seeking formation of judicial commission to investigate the cases. The bench directed the federal government to form a commission within 30 days to investigate blasphemy cases. It also directed that the commission formed by the federal government must complete its proceedings within four months. In this matter, the victim families, represented by advocates, Abid Saqi and Usman Warraich, had petitioned the high court for the formation of a judicial commission. They mentioned a report by the Punjab Special Branch titled 'The Blasphemy Business'. The report alleged that a suspicious gang had been entrapping youth in blasphemy cases and extorting money from them after filing complaints with the FIA in Rawalpindi and Islamabad. During the hearing, an additional director of the National Cyber Crimes Investigation Agency informed the court that Komal Ismail's identity card had been blocked and four SIM cards are registered on Komal's ID card but none of the numbers have been active since November. Justice Sardar Ejaz Ishaq Khan noted that the petition was filed on September 14 and Komal went missing in November. The additional director of NCCIA assured the court that Komal has not left the country and remains in Pakistan. When the judge asked that if Komal's name had been placed on the Exit Control List (ECL), the Additional Director confirmed that it had and search efforts are continuing. Justice Ishaq said that Komal's safety is a serious concern and asked what measures the agency could take to protect her life. Advocate Hadi Ali Chatha informed the bench that the court had requested WhatsApp data for three numbers from cellular network companies. However, lawyers representing the cellular companies stated that WhatsApp call detail records (CDRs) are not available, and phone number CDRs are only retained for one year. The judge said that if the Inter-Services Intelligence (ISI) has the authority, the commission could request the information, stressing the importance due to the lives at stake. After hearing the arguments, Justice Ishaq said that the court's role was to determine whether sufficient material exists to form the commission and accepted the petitions directing the government to form the commission within 30 days and the commission must complete its work within four months but may request additional time from the court if needed. In the petition, the petitioners asserted that this gang is the complainant in nearly 90 per cent of blasphemy cases registered by the FIA. It added that operating under the name 'Legal Commission on Blasphemy,' the group is said to be consisted of both men and women targeting poor and lower middle class Muslim families. They revealed that a concerning pattern emerges in the FIRs: out of over 400 alleged victims, 70 per cent are young men and women in their twenties or younger while many of the victims are professionals, including engineers, Hafiz-e-Quran, and degree holders in various fields. They further said that they had approached the federal government with a formal request dated August 4, 2024, seeking the formation of an inquiry commission on the Special Branch's report. However, no action has been taken to date. Copyright Business Recorder, 2025
The Hindu
15-07-2025
- Politics
- The Hindu
Pakistan court orders probe into online blasphemy spike
A Pakistan court ordered a government probe on Tuesday (July 15, 2025) into allegations that young people are being entrapped in online blasphemy cases, following appeals from hundreds of families. There has been a spike in cases of mostly young men being arrested for committing blasphemy in WhatsApp groups since 2022. Rights groups and police have said that many are brought to trial by private law firms, who use volunteers to scour the internet for offenders. "The government will constitute a commission within a 30-day timeframe," said Justice Sardar Ejaz Ishaq Khan at Islamabad High Court, adding that the commission is required to submit its findings within four months. Blasphemy is an incendiary charge in Muslim-majority Pakistan punishable by death, and even unsubstantiated accusations can incite public outrage, lead to lynchings and to families being shunned by society. A report published by the government-run National Commission for Human Rights in October last year said there were 767 people, mostly young men, in jail awaiting trial over blasphemy allegations. "This is a huge ray of hope and it's the first time that the families have felt heard," said lawyer Imaan Mazari, who represents the families of arrested men and women, of the court order. "Youngsters have been falsely roped into cases of such a sensitive nature that the stigma will last forever even if they are acquitted," she added. A 2024 report by Punjab police into the sudden spike in cases, that was leaked to the media, found that "a suspicious gang was trapping youth in blasphemy cases" and may be motivated by financial gain. The Legal Commission on Blasphemy Pakistan (LCBP) is the most active of lawyers groups prosecuting young men in Pakistan. Sheraz Ahmad Farooqi, one of the group's leaders, told AFP in October that "God has chosen them for this noble cause". In recent years, several youngsters have been convicted and handed death sentences, although no execution has ever been carried out for blasphemy in Pakistan. "We will fully support the probe commission and are confident that our voices will finally be listened to, our concerns will be heard, and the truth will come out," the relative of one of the accused, who asked not to be named because of the backlash, said.
Express Tribune
12-04-2025
- Politics
- Express Tribune
Cases transfer issue escalates in IHC
Listen to article The issue of transfer of cases from one bench to another in the Islamabad High Court (IHC) has escalated and a division bench has directed the IHC deputy registrar judicial to reassign the transferred cases to the "relevant courts" in view of settled guidelines and High Court Rules and Orders. The division bench comprising Justice Mohsin Akhtar Kayani and Justice Sardar Ejaz Ishaq Khan has issued an 11-page verdict while hearing a blasphemy case recently transferred to it by the IHC acting chief justice (CJ), Sardar Muhammad Sarfraz Dogar. The bench noted that according to the Rules and Orders of the Lahore High Court (LHC) -- which regulates the practice of the high court in the hearing of cases and other mattersthere is no specific provision empowering the CJ to assign or reassign cases or to withdraw cases from a single bench and transfer them either to another single bench or to a division bench. "Though rule 2 of the Part A of Chapter 3 empowers the Hon'ble Chief Justice to approve the roster, prepared by the Deputy Registrar, whether Singly or in Benches of two or more, but assignment of cases to the Single or Division Benches has solely been vested in the Deputy Registrar in terms of rules 3 & 4 of the Chapter ibid," it said. The order noted that the rules make it crystal clear that vast powers have been given to the deputy registrar to perform judicial business in terms of marking/listing cases. However, no power has been given in the rules even to the deputy registrar to withdraw or transfer any case from any bench. It stated Chapter-1 Part G Volume-V of the LHC Rules and Orders specifically deals with the establishment of benches and provides that the LHC chief justice may transfer any proceedings pending at the LHC Principal Seat or at a bench to another bench or to the Principal Seat, as deemed expedient. "The [LHC] Chief Justice may also determine the cases or classes of cases to be disposed of at the Principal Seat or at a Bench. However, such powers could not be exercised in these matters, especially in the IHC, which has no other bench anywhere in Pakistan," it said. It said the LHC Rules and Orders contain a provision that says that it is the exclusive concern of the chief justice that he may constitute benches, but said Chapter does not provide any further power to assign, reassign, withdraw or transfer cases from one bench to another bench. "As such Chapter dealing with assignment of cases is Chapter-3 Part A Volume-V, which only provides specific powers to Deputy Registrar (Judicial) to assign the cases to the Single Bench or the Division Bench according to roster approved by the Hon'ble Chief Justice. "As such if a judge recuses [himself] to hear a case or the case is required to be heard along with connected/interrelated or identical cases, then the Deputy Registrar (Judicial) shall assign the case to some other Bench while considering a number of factors." It said these factors are required to be considered and conveyed by the deputy registrar (judicial) in writing in the official noting, with justified reasons, for the purpose of marking/assigning any case. "In this regard, if the Deputy Registrar (Judicial) concludes that a particular case is related to another case pending before a different Bench who has taken cognizance therefore, he must consult with the PS/Reader of the Court to avoid any untoward situation as has been created in the case in hand. "Although this aspect is not provided in the High Court Rules and Orders, it is necessary to maintain harmony among the different Benches of this Court and with the Hon'ble Chief Justice of the High Court. "Therefore, it is essential for the Deputy Registrar (Judicial) to place the case before the Senior Judge of the Division Bench or the Larger Bench, who is hearing the matter in order of seniority for his knowledge to avoid any untoward situation among the Judges," it added. The court noted that the acting CJ has not properly been assisted on the administrative side by the office, which has put this court in an embarrassing situation. "Therefore, to avoid any such untoward situation in the future, it is necessary to take guidance from the parameters highlighted in the Civil Procedure Code, as well as the High Court Rules and Orders." The court also stated that in future, these guidelines are required to be considered as a reference when transferring/marking cases by the IHC deputy registrar (judicial). "[This will remain so] unless a full court provides a view to further settle the High Court Rules and Orders to address such situations, which is the best and proper forum," it added.
