Islamabad: Islamabad High Court (IHC) Justice Sardar Ejaz Ishaq Khan on Monday issued contempt of court notice to Prime Minister Mian Muhammad Shehbaz Sharif and all federal cabinet members in Dr. Aafia Siddiqui case.
The hearing was conducted by Justice Sardar Ejaz Ishaq Khan on a petition filed by Dr. Fauzia Siddiqui, seeking Dr. Aafia Siddiqui's release, medical care, and repatriation to Pakistan.
During the proceedings, the judge criticised the government for failing to submit a required report in the case and formally issued the contempt notice to the prime minister and all the members of the federal cabinet. He warned that continued disregard for court orders will not be tolerated, and the cabinet will be held accountable for its conduct.
Justice Sardar Ejaz Ishaq Khan remarked that the next hearing will take place on the first working day after court vacations, clarifying that the chief justice's office handles the judges' roster, and since the government has filed an appeal against his ruling in the Supreme Court, he cannot hear the case during the break, even if he wants to.
He explained that although his judicial vacation was set to begin today, he had specially scheduled Dr. Fauzia Siddiqui's case along with others for the day. He noted that he was informed on Thursday that the cause list would not be issued unless modified, and he had instructed his personal secretary to write a request to the chief justice regarding the matter.
Justice Sardar Ejaz Ishaq Khan criticised the lack of action, stating the chief justice didn't even spare 30 seconds to sign the request. He also mentioned how, in the past, the roster was altered for specific cases, and stressed, 'Fauzia Siddiqui is the daughter of Pakistan. Her case is unique. I wanted to hear it today despite being on vacation.'
He further said, 'Once again, administrative power has been used over judicial authority. I will not let justice be defeated. To preserve the dignity of the High Court, I will exercise my judicial powers.'
He reiterated that had the government failed to submit the report, he had already intended to initiate contempt proceedings, and now he was doing so.
Imran Shafiq Advocate, representing the petitioner, commented that if the government had wanted to get a stay order, 'a bench would have been formed instantly. We know how the High Court is functioning.' He asserted that the court order existed and that the case was rightfully listed today.
Justice Sardar Ejaz Ishaq Khan also raised concerns about why the case hasn't yet been scheduled in the Supreme Court, to which lawyer Imran Shafiq responded, 'Because Justice Syed Mansoor Ali Shah is currently on the bench. The case will only be taken up once the roster changes.'
Dictating a short order, Justice Sardar Ejaz Ishaq Khan said that the next hearing of the case will be held on the first working day after the court holidays.
Later, Dr. Fowzia Siddiqui's lawyer, Imran Shafique Advocate, talking to media said that today is the darkest day of the judicial history and the history of Islamabad High Court. He said that Justice Sardar Ejaz Ishaq Khan on the application of the attorney general said that the government had decided not to sign on the amicus brief about the release of Dr. Aafia and it should be submitted before the court so that it's reasons. He said that the case was scheduled for hearing on Monday but yesterday it was known that the cause list of the court was ended. He said today we submitted before the court that it had already issued a judicial order and as per the constitution of Pakistan a judicial order is above all other things, and it is the duty of the registrar office and the chief justice as the administrative judge to implement it. He said that it seems that to give relief to some powerful people today the roster of the honourable judge was not issued. He said that Justice Sardar Ejaz Ishaq has passed the orde r about show-cause and on the next court working day the law would find its own course.
He regretted that some powerful quarters are creating hindrance for the Islamabad High Court (IHC).
However, Jamaat-e-Islami leader former Senator Mushtaq Ahmad Khan, on the occasion, told the media that he would like to pay tribute to Justice Sardar Ejaz Ishaq Khan for the landmark order passed by him today. He said the registrar office by not issuing the roster tried that justice be not doled out to Dr. Aafia Siddiqui who has been languishing in a US jail for the last 23 years and facing serious life threat. He said this whole system is afraid of innocent Aafia. He said the real obstacle to the release of Dr. Aafia is our own government in Islamabad. He urged the public to highlight this issue on every forum. He asked the government to change its attitude and take steps for the release and repatriation of Dr. Aafia Siddiqui.
However, the spokesman of Aafia Movement Muhammad Ayub said that Aafia Movement wants to resolve the issue amicably with the help of the government. He said in this regard Dr. Fowzia Siddiqui had already written letters for a meeting with the Prime Minister so that Dr. Aafia Siddiqui could be released and repatriated in an amicable way. He said that had the government and state officials implemented the court orders today the situation would be different.
Dr. Aafia, a Pakistani neuroscientist, has been incarcerated in US for over 14 years after being handed down an 86-year sentence in 2010 on charges of attempted murder and assault of US personnel in an Afghan jail. She is serving a jail term in Carswell, a high-security prison in Fort Worth, Texas.
In January this year, she sought a presidential pardon, terming her jail term as "a blatant miscarriage of justice", hours before the power transition in the United States (US). However, the then-US president Joe Biden rejected Dr. Aafia Siddiqui's clemency plea.