How a detainee transferred to US without prisoner exchange treaty: IHC

ISLAMABAD: The Islamabad High Court (IHC) questioned how a detainee, recently arrested by the security forces, was transferred to United States of America without a formal prisoner exchange treaty.

A single bench of Justice Sardar Ejaz Ishaq Khan, on Friday, heard a constitutional petition of Dr Fowzia Siddiqui who moved the court through advocate Imran Shafiq, and sought release of Dr Aafia currently confined in an American prison.

Petitioner’s lawyer Imran Shafiq advocate, Additional Attorney General (AAG) Munawar Iqbal Duggal, Dr Fowzia Siddiqui, and US attorney Clive Stafford Smith, who appeared via video link, attended the court proceedings.

The government filed a miscellaneous application seeking the immediate disposal of the plea for the release of Aafia. The court issued a notice on the government’s application and sought a response.

During the hearing, Justice Ejaz engaged in a critical exchange with the additional attorney general, questioning the government’s stance on prisoner exchange agreement with the United States.

The judge asked the AAG why Pakistan had handed over Daesh commander Sharifullah to the US despite having no formal prisoner exchange treaty. Addressing the AAG, he said; “You claim that there is no agreement with the US on prisoner exchanges; yet just yesterday, you handed over banned ISIS commander Sharifullah without the treaty.”

He highlighted past instances, mentioning that the government was given an in-camera opportunity to discuss the potential extradition of Shakil Afridi to the US but failed to provide a satisfactory explanation.

Justice Ejaz noted that the government had issued two declarations regarding Dr Aafia Siddiqui’s case but had not provided a convincing response when asked. “Now the government wants to dispose of Aafia Siddiqui’s case altogether,” he added.

The IHC bench observed that the government seemed eager to dispose of Aafia Siddiqui’s case, adding that such actions would be noticed internationally. He said the prime minister wrote a letter, visas were issued— everything that could be done has been done. Does this mean the government wants to wash its hands of the case?

The bench deferred the hearing until next Friday, while issuing a notice to the petitioner on the government’s application.

Copyright Business Recorder, 2025