New ray of hope after order of IHC Justice Sardar Ejaz Ishaq Khan in Dr. Aafia Siddiqui’s case

ISLAMABAD, May 09 (SABAH): A new ray of hope emerged after the Islamabad High Court (IHC) issued the order after hearing of the petition of Dr. Fowzia Siddiqui. The court had heard the case on Monday and its written order has been issued on Tuesday.

As per details, the bench of IHC of Justice Sardar Ejaz Ishaq Khan heard the plea. Imran Shafique Advocate along with the petitioner and Clive A Stafford Smith appeared before the court. Barrister Munawar Iqbal Duggal, Additional Attorney General assisted by Asad Khan Barki legal advisor and Maria Arshad AD (USA-II) Ministry of Foreign Affairs represented the government side.

The learned Court in its order said that pursuant to the last order, Clive Stafford Smith has taken time to appear in the Court and addressed the court at some length with reference to a confidential brief he has prepared outlining the background and the follow on steps that he intends to take towards Dr. Aafia Siddiqui’s repartition to Pakistan. The brief filed by Clive Stafford Smith will remain confidential in the Court’s record and neither its copy nor its contents can be issued by the office without leave of the Court. However, a copy of the brief is shared with Munawar Iqbal Duggal in confidence only for him and for the eyes of MOFA’s officials assigned to this matter. Once again, Clive Stafford Smith’s engagement in the matter is deeply appreciated.

A further positive development is that Dr. Fowzia Siddiqui has been issued a five years multiple entry visa with MOFA’s efforts. She intends to visit US by the end of this month along with Mr. Smith in an attempt to meet her sister. MOFA also assured the Court that all possible measures and steps will be taken to ensure Dr. Fowzia’s immigration formalities are addressed promptly on her arrival in the US and to the best if their ability her security and safety would be ensured.

Based on Mr. Smith’s submission and his note, it appears that all the documents and information available with the Government of Pakistan in relation to Dr. Aafia’s case have been shared with Mr. Smith for him to prepare the case thoroughly. It is quite obvious that, without all that all that information being readily available, his efforts would remain incomplete. The Court is cognizant of the sensitivity of some of the information, and that approvals of the authorities competent in this regard would be required. Munawar Iqbal Duggal along with representatives of MOFA assures the Court that they would proceed immediately to move the competent authorities for the requisite approvals to share all the information and documents under a non-disclosure agreement to be signed by Mr. Smith, Dr Fowzia, and her legal advisors in Pakistan, whereby that information will be used only for the purpose of Dr. Aafia’s release and will not in any manner to be shared with any person who is not directly connected with that purpose.

Given the multi-pronged strategy that Clive Stafford Smith intends to pursue, ongoing support and involvement of the Government of Pakistan is obviously indispensable. Although the Court has no apparent reason to doubt the support expressed by the Government, should any obstacles be encountered on the way, the petitioners can always move an application before the Court for appropriate directions. The hearing was adjourned to July 7, 2023.