IHC Justice Sardar Ejaz Ishaque Khan seeks approved amicus brief on Dr. Aafia Siddiqui case on Monday

ISLAMABAD, August 30 (SABAH): A single bench of Islamabad High Court (IHC) comprising Justice Sardar Ejaz Ishaque Khan on Friday asked that the approved amicus brief would be presented before the court on Monday and if it is not presented the secretary ministry of foreign affairs (MoFA) would have to appear before the court in person, warning that if he failed to appear in the court on Monday a fine of Rs1 million would be imposed on him.

However, Aafia Movement chairperson and noted neurophysician of the country Dr. Fowzia Siddiqui has said that the objective of filing this petition is to save the life of Dr. Aafia and seek her safe repartition to Pakistan.

She said that we don’t have any interest in any inquiry or revenge. We just want early repartition of Aafia so that her medical treatment could be started without any further loss of time. She said the condition of Aafia is worrisome and her life is in danger. She said whenever the Pakistan embassy officials visit her they found her condition deteriorated. She said our prayer in the petition is that Dr. Aafia should be released on compassionate grounds.

As per details, the honourable court heard the constitutional petition (3139/2015) of Dr. Fowzia Siddiqui about the release of her sister Dr. Aafia Siddiqui.

The court in its order sheet said that the learned Additional Attorney General Munawar Iqbal Duggal along with MoFA officials has reverted with a rather dubious stance that they could agree to the amicus brief only after the entire Motion for Compassionate Release is shared with MoFA. Much discussion has taken place in the Courtroom today which I do not consider it necessary to reproduce in this order, except that it is quite clear to the Court that the legal advice to the Ministry has been inadequate in the context of the language of the proposed amicus brief, in not distinguishing between the factual assertions to be made in the Motion and the prayer for grant of that Motion leading to Dr. Aafia’s release. The last paragraph of the draft motion expressly states that “The amicus refrains from commenting on the factual disputes underlying Dr. Siddiqui’s conviction, recognizing that this falls within the purview of the appropriate US Court. Amicus respectfully urges the Court to adjudicate her motion for compassionate relief with the utmost care and empathy”. I fail to see how this in any manner tantamount to endorsement of the factual contents of the Motion to be filed. Further, the Ministry’s attempt at getting embroiled in the contents of the Motion itself is completely uncalled for given that the Ministry has had little or no role to play in marshaling the facts together for the purposes of the Motion which has been done by Mr. Smith. An amicus WP no. 3139/2015 brief is what it is and does not extend beyond what is stated there. In the circumstances, I find MoFA’s stance entirely unreasonable and not well-thought.

The court order said on the next date, learned AAG Munawar Iqbal Duggal and Director (America) are expected to come up with a solid reason to withhold the in-principle agreement to file the amicus brief, and if they do not return with instructions to proceed accordingly, then they shall ensure that the Secretary, Minister of Foreign Affairs, is present in person in Court on 02.09.2024 (Monday) at 10:00 am to answer how filing the proposed amicus brief in any manner prejudices the Government’s position. In case of his non-appearance, should it be necessitated per the aforesaid sentence, costs of Rs.1 million will be imposed on the Government?

The court order further said the progress per Munawar Iqbal Duggal on the prisoner transfer agreement is occurring well. He is also directed to provide a firm date, which must not be far out in the future, by which the Government will transmit the draft PTA to the Government of the United States for its consideration.