IHC dismisses petition to review its Nov 26 order

Also sets aside another plea to initiate blasphemy case against Prime Minister Imran Khan

ISLAMABAD: The Islamabad High Court (IHC) has dismissed a petition seeking review of its last month decision not to initiate contempt of court proceedings against Prime Minister Imran Khan. The court has also sets aside another plea accusing the PM of alleged blasphemy.

Imran Khan, addressing a function on November 18, had appealed to Chief Justice Asif Saeed Khosa and his successor to “restore” public’s trust in judiciary after a high court allowed his political rival and former premier Nawaz Sharif to fly abroad for medical treatment.

The remarks had not gone down well with the judiciary as the Chief Justice Asif Saeed Khosa had made a scathing rejoinder to the speech advising Imran Khan not to “taunt the judiciary” in any way.

Later, a petition was filed against the speech in the IHC whose chief justice, Athar Minallah, on November 28 issued a three-page verdict, dismissing the petition. The petitioner, Salim Ullah Khan, had later filed a review petition.

Dismissing the review petition as well, Justice Minallah on Thursday noted as to why elected representatives should be dragged into courts. "Let him [PM Imran] say whatsoever he is saying. Does the judiciary grow weak due to such words," he asked. He said contempt of court is between the said individual and the court and “let the court decide whether it was contempt of court or not."

The IHC chief justice also dismissed another petition by the same petitioner seeking disqualification of Prime Minister Imran Khan under Article 62 (1) for his allegedly “blasphemous” comment during his speech at a university last week.

In its two-page order issued on Thursday evening, Justice Athar Minallah said Imran Khan before entering upon the office of Prime Minister had taken oath solemnly swearing that he is a Muslim and believes in Almighty Allah and Prophet Muhammad (PBUH) as the last prophet.

It said the petitioner had attempted to question the religious belief of Imran Khan but “a person’s faith or belief is not open to be questioned by any other person”.

“Moreover, a mistake or error committed by a person while addressing a public gathering cannot be treated as blasphemous when the facts and circumstances clearly establish that he or she could not have intended to commit such an offence.

It said faith or religious belief is a personal matter and should not be questioned by others. Likewise, extreme caution has to be exercised in making allegations relating to blasphemy.

“The adequacy of Islamic knowledge and teaching cannot be measured or determined through judicial proceedings so as to attract Article 62 (1)(e).

“Even otherwise extreme caution must be exercised in invoking the qualifications or disqualifications prescribed under the Constitution in order to disqualify an elected representative while exercising extraordinary discretionary powers under Article 199 of the Constitution,” the judgment said.