Dr Aafia Siddiqui case: IHC directs Centre to file complete ‘amicus brief’

ISLAMABAD: The Islamabad High Court (IHC) directed the federal government to file a complete ‘amicus brief’ in Dr Aafia Siddiqui case by January 20, 2026.

The larger bench, headed by Justice Arbab Muhammad Tahir, and comprising Justice Khadim Hussain Soomro, Justice Azam Khan, and Justice Raja Inaam Ameen Minhas, on Wednesday heard a petition filed by Dr Fowzia Siddiqui seeking the release of her sister, Dr Aafia Siddiqui, from a US jail.

An amicus brief is a "friend of the court" document filed by a person or organization that is not a party to a legal case but has an interest in the outcome. These briefs provide additional information, expertise, or arguments to help the court make a decision, often because the case's outcome could have a broader impact on their interests or industry. 

During the hearing, Justice Tahir said they wanted to decide this petition, adding that the judges did not have much time to hear this case daily.

The Additional Attorney General for Pakistan (AAGP) submitted that the orders of the court related to the federal government were implemented. He said that the sentence was announced by the USA Courts, and the government of Pakistan cannot intervene in the affairs of other states.

Advocate Imran Shafiq, representing the petitioner, submitted that the application is basically about the repatriation of Dr Aafia Siddiqui.

Justice Tahir remarked that this plea was not raised in the original petition. He questioned whether there is an agreement between the two countries about the exchange of prisoners. Imran Shafiq said this Court (IHC) already had issued directions in this regard, and a contempt of court application had also been filed for not implementing the court directions.

However, the AAGP told the court that many directions of the Court related to foreign policy. Justice Tahir said that the Court order is in the field, and questioned whether the federal government has challenged that order. He also said that the government did not implement the court orders, and therefore, the contempt of court notices were issued to the government officials.

The additional attorney general replied that they have challenged the order of the Islamabad High Court before the Supreme Court, but the case has not yet been fixed for hearing.

Upon this, Justice Tahir said this would further linger the case, adding it is not a big problem for the AG office to get this case fixed and decided.

The court asked the government if it had raised the issue of medical facilities to Dr Aafia with the US government. The AAG said that medical facilities are present in the US jails, but the doctor of choice for any prisoner could not be arranged.

The bench asked the AAG that the federal government should submit the ‘amicus brief’ and deferred the hearing of the case until January 20.

Copyright Business Recorder, 2025