IHC criticises delay in govt efforts to secure Dr Aafia’s release

Court says govt’s stance remains spineless and clueless despite multiple hearings

ISLAMABAD   -  The Islamabad High Court (IHC) issued a written order in a petition seeking release of Dr Aafia Siddiqui, criticizing the government’s lack of progress in its efforts for her release.

A single bench of the IHC, headed by Justice Sardar Ejaz Ishaq, conducted the hearing of the constitutional petition filed by Dr Fowzia Siddiqui through her lawyer Imran Shafiq Advocate. In the order, Justice Ishaq noted that the government’s stance remains “spineless and clueless,” despite multiple hearings. The court criticized the Ministry of Foreign Affairs for its lack of action regarding the filing of an amicus brief to support Dr. Siddiqui’s compassionate release from a U.S. prison.

The judge stated that 12 days had passed since the Ministry was informed of the importance of the amicus brief, yet no external legal counsel had been contacted. He remarked that the Ministry’s actions were inadequate, noting that the government had left the matter entirely to Mr. Smith, a foreign national who has taken significant steps, including visiting Afghanistan, to lay the groundwork for Dr. Siddiqui’s release.

Justice Ishaq observed that no government official had shown a resolve to support Mr. Smith in the U.S. court for Dr. Siddiqui’s compassionate release. The judge described the government’s reluctance to file the amicus brief as “pathetic.”

The court indicated that an order might be necessary to prompt government action. It directed that all necessary steps for the government to decide on signing the amicus brief must be completed by September 30, 2024. The IHC bench also called for the Attorney General, along with senior government officials, to appear in the next hearing. The court underscored the importance of the government’s support for a Clemency Petition to be filed by Mr. Smith before the U.S. President in September.

Regarding the prisoner transfer agreement, the bench ordered the Ministry of Interior to complete its review within three weeks, followed by the Ministry of Foreign Affairs forwarding the draft to the U.S. by October 7, 2024. The case was deferred for further proceedings until September 13.

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