Dr. Aafia Siddiqui case: Court cannot micromanage & does into every minute detail, IHC Justice Sardar Ejaz Ishaque Khan observes

ISLAMABAD, March 01 (SABAH): This court can’t micromanage and do into every minute detail between the state of Pakistan and us, observed Islamabad High Court bench headed by Justice Sardar Ejaz Ishaque Khan hearing the case of Dr. Fowzia Siddiqui about the issue of her sister Dr Aafia Siddiqui. Aafia’s American lawyer Clive Stafford Smith who is presently on tour of Pakistan and Afghanistan also appeared before the court.

He submitted that in 10 days he made several requests to communicate Pakistani American lawyers. However, the court observed that it cannot micromanage and go into every minute detail between the State of Pakistan and us. It said the Ministry of Foreign Affairs (MOFA) should determine a line between the classified and declassified information and have to before coming to share these information with us.

This CM seeks the place two declarations filed by Clive Stafford Smith. These declarations were already shared to MOFA. The lawyer was surprised to learn that MOFA is directed to insure that all information received is to be shared immediately with the In-house council so that he doesn’t appear blank in court.

In respect of the second declaration MOFA is directed to communicate directly with Clive Smith regarding para 4 of the declaration and the outcome is to be placed on record on the next hearing. In particular point no 15 in the second declaration needs special arrangements for MOFA. It goes without saying that Clive Smith will be consulted by MOFA regarding the details of the updates. The list provided by the lawyers by MOFA doesn’t contain heavyweight law practitioners.

The court expects a more free and practical sharing information with Clive Smith. And only documents and information that are truly confidential should be held classified. The court fully understands the environment in which the officials present in the courts operate so the court orders for the senior officials of MOFA to be present in the next hearings including DG MOFA and they will be expected to be up to date on the case. However, the case was adjourned to March 15, 2024.

Clive Stafford Smith submitted that the Afghan government is fabulously helpful. The court observed that the Afghan Government is surprising everyone; we need to learn from them.

Clive Stafford Smith said I’ve wasted 10 days not getting names of lawyers. I’m desperately waiting to work with. The court observed you got only 7 lawyers in US? Should I pass an order every day in the court that Secretary should appear so decisions can be made here. The court cannot micromanage these things.