AMIDST expressions of partiality and bias, and the fact that six lawyers were deprived of their right to defend in Noor Fatima, etc. vs. Federation of Pakistan, etc., Justice Sardar Ijaz Ishaq, Islamabad High Court ordered on 15.07.2025 the formation of an Inquiry Commission based on allegations of the Special Branch Police in pornographic blasphemy cases.
The decision of Single-Bench has been suspended temporarily on 24.07.2025. The judicial wisdom and reasons mentioned in the single-bench order are based on misconceptions and material contradictions that are against the record of the court file.
Let’s examine a reason defined in a single-bench order for the constitution of an Inquiry Commission because of “inaction of the federal government despite allegations of the Special Branch Report regarding Blasphemy Business Gang, Extortion, and blasphemous entrapment”! In the paragraph No. 7 (ii) of the Single Bench Order, the judge opines inaction of Federal government after Report of Special Branch regarding in these words “the Federal Government’s inaction despite the January 2024 report by the Special Branch of the Punjab Police naming the members of the alleged gang and giving enough basis for justifying a deeper probe into the matter”.
Now, please look at a detailed inquiry conducted by the Federal Government on the Report of Special Branch Police! An application without signatures and thumb impressions was sent to the Federal Government on 4.08.2024 to form an Inquiry Commission regarding an alleged “Blasphemy Business Gang” based on the report of Special Branch Police, whose contents were already termed as unverified, untrue, and unauthentic by its own DIG before the Hon’ble Lahore High Court.
On the direction of the Federal Government, Additional Director Rawalpindi received the aforementioned application to conduct an inquiry on the report of Special Branch Police regarding allegations of Blasphemy Business Gang, entrapment in blasphemy cases with nexus of FIA officials and extortion. The same was marked to the Incharge Anti-Blasphemy Unit, Rawalpindi, who sent a letter to the Special Branch on 4-6-2024. After no reply from SBP, a reminder was sent to the Additional Inspector General of Special Branch Police, Lahore, on 2-7-2034 to attach a focal person (Not Below Inspector Rank) and to provide necessary assistance to uncover evidence against the Legal Commission on Blasphemy Pakistan. SSP Intelligence, SBP. Rawalpindi replied through letter No. 6276/(5) R & S on 5-12-2024 by nominating Surveillance Technical Officer instead inspector and said that no one could be attached permanently and FIA should send queries to the focal person about the allegations of the report of the Special Branch Police.
FIA contacted the focal person and asked for evidence in support of the allegations as levied in the report of SBP. However, general information, screenshots of profiles from Social Media IDs of Persons were sent to the FIA authority without any official document which don’t prove any allegation of any Blasphemy Business Gang, extorting, and entrapment as leveled in the Report of Special Branch Police. The focal person of SBP did not even join physically up till the disposal of the inquiry. Consequently, FIA disposed of the inquiry referred by the Federal Government because of inadequate evidence that does not verify the contents of the report of the Special Branch Police.
Thus, paragraph 7(ii) of the order of a single bench is against the facts and record that had been submitted by various departments of the Federal Government, such as the Federal Investigation Agency. Listening to one party, not maintaining impartiality, violating the professional code of conduct, and reliance on one-sided facts lead to such an embarrassing situation, which puts bad smudges on the real face of the judiciary, its repute, and independence worldwide. Judicial decisions are always against one party, but passing such order that contains material faults and factual contradictions consciously because of favoritism by ignoring record on the court file strengthens the prevailing public narrative that conspiracy is being planned or planted somewhere else just to grant bails to more than 400 alleged pornographic blasphemers by halting proceedings of trial courts to ensure escape of accused persons from justice.
Blasphemers’ Protection Gang, by relying on unverified report that has been disapproved in the absence of evidence at different levels, wants to portray a distorted image of Pakistan to make blasphemy laws controversial for funding, awards, and sympathy. The nexus must be broken to restore the dying repute of the judiciary of Pakistan for the rule of law, which is already at 129th in global ranking.
—The writer is a practicing lawyer, research scholar, human rights activist and working on defects of criminal justice system of Pakistan.
