The Islamabad High Court (IHC) on Wednesday sought a full briefing from the federal government by January 20, in the case related to Dr Aafia Siddiqui’s health and repatriation from a US jail.
The Additional Attorney General informed the court during the hearing that Aafia is an American citizen and was also sentenced in the United States; therefore, we cannot interfere in the American system.
A larger bench of the IHC, headed by Justice Arbab Muhammad Tahir and comprising Justice Khadim Hussain Soomro, Justice Muhammad Azam Khan, and Justice Khanaam Ameen Minhas, heard the petition of Aafia Siddiqui’s sister, Fauzia Siddiqui. The petitioner’s lawyer, Imran Shafiq Advocate, and Additional Attorney General Rashid Hafeez appeared in the court on behalf of the federation.
Lawyer Imran Shafiq said that this petition is actually related to Aafia Siddiqui’s repatriation. Justice Arbab Muhammad Tahir remarked that you did not make this request in the original petition, and there is an extradition agreement with the United States. Imran Shafiq Advocate said that the court has given directions, a contempt of court petition has also been filed, to which the Additional Attorney General said that there are many things and foreign policy issues in this regard.
The court inquired whether an order is in the field; have you challenged it? You did not obey the court orders, so you received contempt of court notices. The Additional Attorney General said that we have challenged the High Court decision in the Supreme Court, but the petition has not been scheduled yet. Now it will also be seen whether our petition will be filed in the Constitutional Court or in the Supreme Court.
Justice Arbab Muhammad Tahir remarked that in this way, the problem of the lawyer of the petitioner will be prolonged. How long will they wait? What is the problem of scheduling a case for the AG’s office? The court inquired that you raised the issue of medical facilities with the American authorities, did they respond?
The Additional Attorney General replied that medical facilities are available in the American prison, but the doctor of your choice will not be allowed. Justice Arbab Muhammad Tahir remarked that we want to settle this petition; four judges do not have enough time to sit every day. The Additional Attorney General said that we have provided other facilities, including the visa process; we have complied with the request made by the federal government; we cannot interfere in the internal affairs of any other state; we cannot interfere in the internal judicial system of the United States.
She is also an American national who was sentenced not in Pakistan but in the United States. The court directed the Additional Attorney General that the federal government will have to do something; you should submit a briefing. Later, the court adjourned the hearing of Dr Aafia Siddiqui’s case until January 20.