Dr Aafia case plea: IHC’s order allowing petitioner to amend prayers challenged by govt

ISLAMABAD: The federal government challenged the Islamabad High Court (IHC)’s order dated 16-05-25 allowing Dr Aafia Siddiqui’s sister to amend prayers in her writ petition, filed in 2015.

The Federation, on Tuesday, filed an application through the Ministry of Foreign Affairs (MoFA), submitting that Dr Fowzia Siddiqui, sister of Dr Aafia, filed the writ petition 3139/2015 expressing her concerns for Dr Aafia’s life, safety, and physical and mental well-being.

It was prayed that the direction to the respondents to provide regular updates, including weekly reports, and confirm through independent verification the current physical and mental well-being of DrAafia.

Direct the respondents to provide full cooperation and assistance to the petitioner (DrFowzia) and her family, enabling them to visit and meet DrAafia in the jail in the United States. Direct the constitution of a competent, independent medical team to examine Dr Aafia’s physical and mental health, in collaboration with the petitioner. Direct the prime minister of Pakistan to raise the issue of Dr Aafia with the president of the United States during the former’s official visit to the United States.

The MoFA contended that it filed a CM No811/2025 for disposing of main WP 3195/2015 on account of being fructified. However, the respondent (Dr Fowzia) filed CM 921/2025 to amend the prayer of WP-3139/2015 for further proceeding being not satisfied. The IHC judge, Justice Sardar Ejaz Ishaq Khan, passed an order dated 16-05-2025 wherein accepted the amended CM and dismissed the petitioner’s CM. Hence, instant CPLA.

The Federation submitted that the single bench of the Islamabad High Court (IHC) has erred in law by exercising suomoto powers. The single judge has not only travelled outside the pleadings, but also has gone beyond the jurisdictional domain of the Court by passing such directions.

It is submitted that the IHC, in allowing the amendment, failed to adhere to the express bar contained in Article 199(1)(a) of the Constitution, which restricts the Court from making any order, direction, or declaration beyond the scope of the application filed under clause (1).

Copyright Business Recorder, 2025