IHC rejects five-week delay request in Aafia Siddiqui case

ISLAMABAD: The Islamabad High Court (IHC) on Monday rejected a plea of Additional Attorney General (AAG) Munawar Iqbal Dogal for giving five weeks time in Dr Aafia Siddiqui case who is imprisoned in US jail.

“When Dr Aafia Siddiqui returns any day to Pakistan, you should all apologise to her collectively. Let the history write one US lawyer contested this case free,” these remarks were given by Justice Sardar Ejaz Ishaq Khan during the hearing of petition related to release and return of Dr Aafia Siddiqui to Pakistan.

Imran Shafiq, counsel for petitioner Fouzia Siddiqui, and amicus curiae Zainab Janjua appeared in the court as well. Clive Smith, who is counsel for Fouzia Siddiqui in the US, appeared in the court through video link.

The court remarked Clive Smith made efforts in the case. He went to Afghanistan but there is no one among government officials who can say he stands with Smith.

Justice Sardar Ejaz Khan remarked, “I cannot understand government fears of what.” AAG Munawar Iqbal Dogal said the government is supporting Aafia Siddiqui on permanent basis. “Any decision of policy level takes time. Government is making efforts. One progress has been achieved which I have to put before the court.”

The AAG said public appeal in US can be filed through US lawyer. “If US lawyer says public appeal can be filed, then the government will do it. Policy decision will be made in this regard.”

AAG Munawar Iqbal Dogal said, “I regret to the court.” To this, Justice Sardar Ejaz remarked, “Don’t apologise to court. When Dr Aafia Siddiqui returns to Pakistan someday, then you all should apologise to her.”

Let the history write one US lawyer contested the case of Dr Aafia Siddiqui free of any fee, the judge said. He further remarked, “AAG is telling that government of Pakistan helped too much in connection with visa of Dr Fouzia Siddiqui.” The court asked to share the mercy appeal draft with government of Pakistan in a week.

The AAG said the draft of mercy appeal to US president will be shared with us, adding that the government will take policy decision after seeing the draft. The court inquired from counsel Smith, “Are you contesting the case in US on behalf of Dr Fouzia. You are contesting the case but our government is not with you and it is seeking time upon time.”

The amicus curiae said I hope government will find out some proper solution. Judge remarked this petition is pending hearing in this court for the last three years. “What did they do so far?”

Justice Sardar Ishaq remarked federal government and ministry of foreign affairs are avoiding to stand with Smith in the court. The AAG said the government is standing with Dr Aafia and Dr Fouzia, but government proceeds under a procedure.

The AAG told the court if the petition filed in US is shared with us, it will make our work easy. The US lawyer asked if a copy is provided to them, how much time will they take in filing a reply.

The judge remarked, “I will not give time more than a week. If you have to convene cabinet meeting or whatever you have to do, then do it.” The AAG requested the court to grant two to three weeks time, however the court rejected the plea for granting five weeks time and adjourned the hearing of the case till September 13.