Woman fined for filing frivolous petition in IHC

ISLAMABAD: The Islamabad High Court (IHC) on Monday imposed a Rs20,000 fine on a citizen over her frivolous litigation and for trying to make the government’s policies against Covid-19 controversial.

Irum Malik appeared in person in the court and asserted that scientific reasons stated in the National Action Plan as the basis for the origin of the life threatening virus were contrary to the holy Quran.

IHC Chief Justice Athar Minallah heard the petition. The chief justice asked the petitioner whether she was qualified to interpret the injunctions of Islam, the Quranic verses and whether she had the requisite knowledge of “Usulul Fiqh”, the prescribed principles for deriving a hukam from the sources.

He noted that the petitioner was visibly oblivious of the elaborate rules and principles i.e. “Usulul Fiqh”, the knowledge prerequisite to even make an attempt to interpret the prime source of Islam, which is the holy Quran.

Petitioner says scientific reasons stated in National Action Plan as basis for origin of virus contrary to holy Quran

Justice Minallah said by filing the petition she had attempted to raise an unwarranted controversy regarding the policy and efforts of the government aimed at protecting the lives of its citizens.

It is not in public interest to make an attempt of raising unnecessary and unwarranted controversy regarding the National Action Plan and the efforts of the government of Pakistan to protect its citizens from the harm of the deadly virus and that too on the basis of interpretation of the holy Quran by persons who are neither qualified to do so nor are familiar with the principles of interpretation, he added.

The court observed that the jurisdiction vested in a high court under Article 199 of the Constitution does not empower it nor makes it competent to assume the role of a “Mujtahid” by rendering a declaration regarding the interpretation of the holy Quran and that too on the basis of assertions made by a citizen not familiar with “UsululFiqh”.

Justice Minallah expressed displeasure over the conduct of the petitioner and termed it “irresponsible”.

The court declared that “the petition in hand is frivolous and an unjustified and unwarranted attempt to make the National Action Plan controversial and to impede the efforts of the Government of Pakistan to protect the lives of the citizens from the harm of the life threatening virus i.e. Covid19.”

“A cost of Rs20,000 is imposed on the petitioner for attempting to make the policies of the federal government controversial and to impede the measures taken by the latter to protect the citizens of Pakistan from the harm of the deadly virus,” the court ruled.

The amount will be utilised for payment to the lawyers appointed by the court for prisoners who could not pay the fee to their counsel.