IHC seeks full briefing on Dr Aafia’s health, repatriation

ISLAMABAD: The Islamabad High Court (IHC) Wednesday sought a full briefing from the federal government by January 20 in a case related to Dr Aafia Siddiqui’s health and repatriation from a US jail.

The additional attorney general informed the court that Aafia was an American citizen and was also sentenced in the United States; hence, they could not 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 the petition was actually related to Aafia Siddiqui’s repatriation.

Justice Arbab Muhammad Tahir remarked that he did not make this request in the original petition, and there was an extradition agreement with the United States.

Imran Shafiq Advocate said the court had given directions and a contempt of court petition had also been filed, to which the additional attorney general said there were many things and foreign policy issues in this regard.

“Whether an order was in the field; have you challenged it? You did not obey the court orders, so you received contempt of court notices,” the court inquired.

The additional attorney general said they had challenged the High Court decision in the Supreme Court, but the petition was yet to be scheduled and now it would be seen whether the petition would be filed with the Constitutional Court or 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? You raised the issue of medical facilities with the American authorities. Did they respond?” the court inquired.

The additional attorney general replied that medical facilities were available in the American prison, but the doctor of choice would not be allowed.

Justice Arbab Muhammad Tahir remarked that the court wanted to settle the petition, as four judges did not have enough time to sit every day.

The additional attorney general said they had 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,” said the additional attorney general.

The court said the federal government will have to do something and directed the additional attorney general to submit a briefing. Later, the court adjourned the hearing until January 20.