Mercy petition: IHC asks Dr Aafia’s lawyer to provide draft within seven days

ISLAMABAD: The Islamabad High Court (IHC), Monday, asked Dr Aafia Siddiqui’s lawyer in the USA to provide draft of her mercy petition to the federal government within seven days.

A single bench of IHC comprising Justice Sardar Ejaz Ishaq said this while hearing the constitutional petition of Dr Fauzia Siddiqui who moved the court through his lawyer Imran Shafiq advocate.

During the hearing, Foreign Secretary Muhammad Syrus Sajjad Qazi appeared before the court while Dr Aafia’s lawyer, Clive Smith, also appeared via video link.

The IHC bench noted that Clive Smith had made efforts regarding Aafia Siddiqui’s case and even travelled to Afghanistan. He added that however, no government official is willing to say that they stand with Smith. Justice Ishaq remarked, “I do not understand what the government is afraid of.”

At that, the Additional Attorney General (AAG) argued that the government has been consistently supporting Fauzia Siddiqui and that policy-level decisions take time.

The court asked the AAG whether they are writing a petition for clemency to the White House or sought a clear answer.

The AAG said that the Government of Pakistan is making every possible effort on its part and a new development has occurred, which needs to be presented before the court. The motion in the United States can be filed through an American lawyer.

Justice Sardar Ejaz asked that if the American lawyer states that the motion can be filed, will the government then proceed? To this, the AAG responded that a policy decision would be made accordingly.

The judge questioned why they were hesitant to inform the court that the government does not wish to file, but Smith, as an American lawyer, should file the motion there.

The AAG requested that the draft of the mercy petition be shared with them. He stated that the government would make a policy decision after reviewing the draft. He requested two or three weeks’ time for this. The court rejected the request and then, directed Clive Smith to share a draft of the clemency appeal for Aafia Siddiqui with the Pakistani government within a week.

Later, the bench deferred the hearing of the case till September 13 for further proceedings.

Copyright Business Recorder, 2024