Masjid-e-Nabavi case: IHC CJ asks state to refrain from using religion

ISLAMABAD: The Islamabad High Court (IHC) Thursday barred the police from registering more cases against the PTI leaders in the Masjid-e-Nabavi incident.

The Faisalabad police had earlier this month booked 150 people, including former Prime Minister Imran Khan, for their alleged involvement in harassing a government delegation when they visited the Masjid-e-Nabavi (PBUH) last month.

PTI Chairman Imran Khan had lashed out at the government last week for nominating him in the FIR. Interior Minister Rana Sanaullah later clarified that the state did not have anything to do with it.

In Thursday's hearing, IHC Chief Justice Athar Minallah barred Interior Minister and other authorities from registering cases against the PTI leadership till further orders.

At the outset of the hearing, PTI lawyer Faisal Chaudhry said police reports had suggested they had received four complaints and they were being investigated. At this, the IHC CJ said "the court respects religious sentiments but the state has a duty to perform." He noted that his court had received a similar plea, but the judges had not admitted it. "If there is an impression that this is happening politically, then it is the job of the state to dispel it [...] as, in the past, the state has used religion," the IHC CJ said.

Justice Minallah remarked that in the past, such cases had put people's lives at stake and asked the Deputy Attorney General and the government's representative how should the state deal with the matter. "In the past, blasphemy (law) has been misused, and lives have been lost."

At this, the Deputy Attorney General said the people concerned should have approached the Lahore High Court (LHC) over the case registered against them, not the IHC. Advocate Faisal told the court at the moment "there is no government in Punjab".

The IHC CJ said the Constitution of Pakistan had been disrespected many times, and had that not been the case, the country would not be at the juncture where it was today. Justice Minallah noted that all the institutions fall within the ambit of Constitution, and the state must ensure that the religion was neither exploited nor used in the Masjid-e-Nabavi case. "Religion should not be used in politics. It has been used in the past. The state should sit down with all the political stakeholders and draft a policy to keep the religion away from politics," he said.

At this, the Deputy Attorney General told the court that he would seek guidance from the government in this regard. The court asked the petitioner's lawyer as to what the state should do when such matters arise. The PTI counsel said the interior ministry should be sent the details of such cases. The court adjourned the hearing for two weeks.