Retreat from justice

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IT is a worrying development. The Islamabad High Court has decided to put on hold an earlier ruling asking the government to form a commission to look into the misuse of blasphemy laws.

The earlier judgement by Justice Sardar Ejaz Ishaq Khan had come after months of hearings in which submissions were made indicating a pattern of entrapment, custodial abuse and investigative lapses in hundreds of online blasphemy cases. The court had rightly concluded that the matter was of public interest, and that the formation of a fact-finding commission was both urgent and necessary.

That initiative now hangs in the balance. The division bench’s decision to put the single-bench order on hold, citing jurisdictional and procedural concerns, may be legally arguable, but the consequences of inaction are far more grave. Pakistan’s blasphemy laws, often misused as tools of vengeance and coercion, have cost lives, ruined reputations and undermined public faith in the justice system.

The court had been presented with serious concerns: reused social media accounts, unverified digital evidence, private arrests and four reported custodial deaths, including one caught on video. These are not routine procedural flaws — they are red flags demanding scrutiny.

The original petition had been strengthened by two earlier investigations: one by the Punjab Police Special Branch, and another by the National Commission for Human Rights. Both found credible evidence of a network allegedly exploiting blasphemy laws for financial gain.

By throwing a spanner in the works, the courts risk sending the message that even in matters where innocent lives are at stake, entrenched interests may be shielded from scrutiny. This is a disservice to justice. The judicial process must not lose sight of the suffering endured by victims of false accusation.

If we cannot allow even a fact-finding inquiry to proceed, how can we ever claim to stand for the rule of law?

Published in Dawn, July 26th, 2025

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