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Thursday April 18, 2024

SC dismisses petition seeking CII dissolution

By Our Correspondent
February 07, 2023

ISLAMABAD: The Supreme Court (SC) on Monday observed that the Council of Islamic Ideology (CII) was a constitutional body, and dismissed a petition for not being maintainable.

The constitutional petition was filed for dissolution of the Council. A two-member SC bench, comprising Chief Justice Umer Ata Bandial and Justice Athar Minanallah, dismissed the petition, filed by advocate Khawaja Ahmed Hussain.

The petitioner appeared before the court in person and submitted that the CCI was established for examining the laws being enforced in the country in the light of Islamic teachings. He submitted that the Council was required to examine under Article 230(4) of the Constitution as to whether the existing laws of the country were repugnant to Islamic teachings or not.

He submitted that as per the Constitution, the Council had submitted its final report in the Parliament in 1996 after completing its task. He contended that after submitting its final report, it had lost its constitutional status and, therefore, it should be abolished. “After submitting its final report, the Council has neither any constitutional status nor it is an authority now,” the counsel submitted.

CJ Umer Ata Bandial, however, observed that the Council Islamic Ideology was still a constitutional body, adding that after submitting its final report and after examining the past laws, the Council was mandated to examine the future laws in the light of Islamic teachings. The petitioner, however, contended that for examining the future laws, Federal Shariat Court was present, adding that it was a constitutional obligation of the Shariat Court to examine and determine the status of laws in the light of Islamic teachings.

Justice Athar Minanallah, the other member of the bench, asked the petitioner that Article 184(3) of the Constitution could not be applied to his petition.

The judge asked the petitioner as to what questions of public importance in the instant case were involved with reference to enforcement of any of the fundamental rights, guaranteed under the Constitution, so as to directly invoke jurisdiction of the Supreme Court under Article 184(3) of the Constitution.

The judge asked the petitioner as to what his basic and fundamental rights had been affected due to the existence of the Council Islamic Ideology. Later, the court dismissed the petition for not being maintainable.