The Islamabad High Court (IHC) has issued a written order regarding the petition for Dr Aafia Siddiqui’s release, noting that the Ministry of Foreign Affairs has failed to contact foreign lawyers 12 days after being instructed to do so.
According to reports, the order, written by Justice Sardar Ejaz Ishaq Khan, stated that despite three hearings on the amicus curiae brief, the government remains “helpless and clueless” before the court. The court criticised the government’s inaction, saying it has “wrapped its fear in a single word” and has no understanding of the potential consequences of filing the amicus brief.
The ruling highlighted that the government was informed of the importance of the amicus brief on August 20. After 12 days of efforts, the government realised it needed to contact a US attorney to understand the impact of supporting Dr Aafia Siddiqui’s release petition through the amicus brief.
The court expressed frustration, stating that if the government were granted authority, “we would be at the mercy of their slow and apathetic decisions.” The order noted that Mr Smith, the US attorney, has made significant progress by laying the foundation for a compassionate release motion and believes his request could be heard and accepted. The government’s indecision on whether to support Mr Smith’s efforts was described as “an unfortunate display of cowardice.”
The IHC instructed the government to make a decision on the amicus brief by September 30 and respond to Mr Smith’s offer. The Attorney General for Pakistan was ordered to appear in person at the next hearing, alongside secretaries from the Ministries of Law, Defence, and the Cabinet. If any official is abroad, they are to attend online.
The court added that the next step is to submit a compassionate release petition to the US president through Mr Smith. Pakistan’s support for this petition is crucial for it to be considered by US authorities. Mr Smith has indicated he can submit the draft by the end of the week, and the federal government has seven days to respond. The next hearing is scheduled for September 13.
