Islamabad: Justice Sardar Ijaz Ishaq of the Islamabad High Court has questioned why certain parties opposing the formation of a judicial commission on blasphemy cases are willing to support a Joint Investigation Team (JIT) but not a commission.
The remarks were made during a hearing on petitions filed by the families of 101 individuals accused under Pakistan's blasphemy laws. The petitioners argued that their relatives had been falsely implicated through the misuse of these laws and demanded an independent judicial commission to investigate such cases.
Initially, families of 134 accused individuals had requested the federal government to form a commission to investigate blasphemy cases. However, after the government failed to act, 101 families approached the Islamabad High Court, seeking judicial intervention.
A recent report by the National Commission for Human Rights (NCHR) highlighted that between October 2023 and October 2024, some individuals were entrapped via social media and later charged under blasphemy laws. Over the past year, more than 450 individuals have been arrested under these charges, with 99% of them being Muslims and 90% being students.
During Thursday’s hearing, Saeed Anwar, one of the respondents in the petitions, opposed the formation of a judicial commission. His lawyer argued that since over 30 convicted individuals had already filed appeals, their families had no right to request a commission. Notably, Saeed Anwar himself is the complainant in a blasphemy case.
His lawyer further stated that a judicial commission could only produce a report without enforcement power, whereas a JIT would have the authority to conduct investigations and involve law enforcement agencies.
Justice Sardar Ijaz Ishaq, however, questioned why parties supporting a JIT were unwilling to accept a judicial commission.
A representative from the Ministry of Interior informed the court that the government was prepared to form a commission but needed approval from the federal cabinet. The court was also requested to provide guidelines for its formation.
In response, the Islamabad High Court directed that the commission be led by a retired Supreme Court or High Court judge. It should also include representatives from the FIA’s cybercrime unit, an IT expert, and a religious scholar to ensure fair and thorough investigations.
The court emphasized that since most allegations originate from online content, the commission should establish measures to prevent the misuse of blasphemy laws.
Petitioners' lawyer Usman Warraich argued that a JIT was insufficient, as blasphemy accusations are widespread across the country. He also pointed out that JITs lack representation from the judiciary or retired police officers, making them ineffective for such sensitive investigations.
The Islamabad High Court has adjourned the hearing until April 7, 2025.
