IHC expresses dissatisfaction over the steps of MoFA & Pakistani embassy in the USA regarding their role in release of Dr Aafia

ISLAMABAD: Islamabad High Court (IHC) has shown dissatisfaction over the steps of the MoFA and Pakistani embassy in the USA regarding their role to seek the release of Dr Aafia Siddiqui through a clemency petition. As per details, the court of Justice Sardar Ejaz Ishaq Khan heard the constitutional petition (3139/2015) of Dr. Fowzia Siddiqui.

Imran Shafique and Muhammad Zahid Tanveer, advocates appeared for the petitioner with petitioner in person (via video link). Barrister Munawar Iqbal Duggal, Additional Attorney General along with Yasir Arfat Abbasi, AAG Asad Burki, Legal Advisor along with Muhammad Hamza, Assistant Director-US, MoFA Brig Falak Naz, Legal Advisor, along with Lt. Col. Zahid Hussain, Law Officer, Ministry of Defence also appeared before the court.

The court order said that the MoFA has filed a parawise reply to Smith’s declaration dated 13.12.2024, a copy of which is provided to learned counsels for the petitioner for them to review and address on the next date. On a query by the petitioner, MoFA replied that the Government has not received any response to the Prime Minister’s letter dated 13.10.2024 to President Joe Biden.

Although the reply records that the Pakistan Embassy in the United States made all-out efforts, including arranging a meeting at the State Department and with Dr. Aafia at FMC Carswell, it is also the fact that the worthy Ambassador did not find any time for being in the front line for the period from the 3rd to the 11th December when the key meetings were taking place.

It might have been expected that the worthy Ambassador would have taken some time out of his busy schedule to show up at some of those meetings to conform by action the avowed support of the Government of Pakistan to the cause expressed in writing vide the Prime Minister’s letter dated 13.10.2024.

 MoFA is required to obtain the comments of the Pakistan Embassy and to file a concise report on this point on the next date of hearing. Further, MoFA is also directed to file a list of the number of foreign visits by the worthy Prime Minister or the Foreign Minister, with the countries visited and the duration of each visit, since the date the clemency petition was filed with the Department of Justice.

The Court is also rather surprised to read Para 3(vi) of MoFA’s reply. The situation referred to in the said paragraph is by no means analogous to the one under discussion. In the last round, the proposal was for the Pak Embassy to drum up public support, whereas, in this case, the Ambassador could have been expected to be a part of the official delegation representing the Government of Pakistan.

It sounds rather paradoxical for MOFA and the Pakistan Embassy to keep aloof from the delegation’s meetings with Congressmen under the fear of being perceived as interfering in internal political matters of the United States, while the country the Ambassador represents was sending and did send an official delegation comprising Parliamentarians for that cause.

Smith has also filed his latest declaration dated 18.12.2024. MoFA is directed to file the reply to paragraphs no.9, 25, 26, 30, 31 and 32 of that declaration by the next date of hearing.

Going through Smith’s declaration, one can appreciate the tremendous efforts Dr. Fowzia, Smith, his co-counsels, and all the other persons mentioned in that declaration, continue to exert for the cause.

Dr. Fowzia informed the Court that the visa portal still shows her visa as ‘refused’ and that this was a matter of grave concern for her as she might be denied entry when she goes for the final round of meetings in mid-January.

MoFA is directed to make all efforts within its power to ensure that this does not happen and that no undue obstacles are faced by Dr. Fowzia in her travels.