ISLAMABAD – The Islamabad High Court (IHC) on Friday constituted a larger bench to hear the case regarding the release of Dr. Aafia Siddiqui who has been in the US jail for over a decade.
Chief Justice of the Islamabad High Court Sardar Sarfraz Dogar appointed a four-member bench to hear the case. Justice Arbab Muhammad Tahir would head the bench comprising Justices Khadim Soomro, Azam Khan and Inam Amin Minhas. The bench is due to take up the matter on September 10.
Dr. Aafia Siddiqui’s case was previously under the jurisdiction of Justice Sardar Ijaz Ishaq, who had issued contempt of court notices to the Prime Minister and cabinet members for non-compliance with court orders.
Justice Ijaz Ishaq Khan was hearing the case but it was referred to the court of Justice Inam Amin Minhas.
During the last hearing, Justice Inam Amin Minhas forwarded the case to the Chief Justice for the formation of a larger bench to hear the matter. At this, CJ Dogar constituted a larger bench.
Earlier, the federal government had informed the Islamabad High Court (IHC)about the proposal of handing over Shakil Afridi in exchange for Dr. Aafia Siddiqui.
The proposal was given by the federal government to the court at that when Justice Sardar Ijaz Ishaq Khan was hearing the matter.
Additional Attorney General Manzoor Iqbal Dogar had informed the court that the proposal of handing over Shakil Afridi in exchange for Aafia Siddiqui’s release is not feasible.
Clive Smith, the counsel for Dr.Siddiqui, had given this proposal.
The law officer while representing the federal government raised concerns over some issues included in the draft petition filed in the US court regarding Aafia Siddiqui.
Justice Sardar Ijaz Ishaq Khan had remarked that the government’s statement, backing off from supporting Aafia Siddiqui’s petition for release in the US court, surprised the court.
The court had directed that the law officer to seek instructions from the government and inform the court about any objections to Aafia Siddiqui’s petition filed in the US court.
The law officer had contended that both Shakil Afridi and Aafia Siddiqui are Pakistanis, and Pakistan does not have any agreement with the US regarding the exchange of prisoners.
Justice Sardar Ijaz Ishaq Khan had asked why Shakil Afridi is important to the US and asked about the status of his case. Zainab Janjua, a court assistance, informed that Shakil Afridi is convicted, and his appeal is pending in the Peshawar High Court.
Fauzia Siddiqui’s lawyer Imran Shafiq had submitted that Shakil Afridi was an accused of espionage and providing assistance.
The law officer had informed the court that they had submitted a response on February 19 regarding this matter. Former US President Joe Biden rejected the request but did not respond to the letter.
Justice Sardar Ijaz Ishaq Khan had remarked that the White House did not even acknowledge the letter, let alone reply to it, and questioned what the diplomatic norms are when one country sends a letter to another.
However, the case later was referred to another bench, and now, the CJ has formed a larger bench.
