ISLAMABAD: Justice Sardar Ejza Ishaq Khan of Islamabad High Court (IHC) on Friday directed the secretary Ministry of Foreign Affairs (MoFA) to appear in person in the court if there is no progress on the repatriation of Dr Afia Siddiqui from the USA.

Justice Khan was hearing a petition filed by Dr Afia’s sister Dr Fawzia Siddiqui. During the hearing of the petition, Additional Attorney General Barrister Munwar Duggal and officials from the foreign ministry informed the court that they could agree to the amicus brief on repatriation of Dr Afia only after the entire ‘Motion for Compassionate Release’ was shared with them.

They were of the view that the contents of the motion were factually disputed.

The court noted that the last paragraph of the draft motion expressly stated that “The amicus refrains from commenting on the factual disputes underlying Dr Siddiqui’s conviction, recognizing that this falls within the purview of the appropriate US court. Amicus respectfully urges the court to adjudicate her motion for compassionate relief with the utmost care and empathy”.

The judge remarked that he failed to see how this in any manner tantamount to endorsement of the factual contents of the motion to be filed. Further, the ministry’s attempt at getting embroiled in the contents of the motion itself is completely uncalled for given that the ministry has had little or no role to play in marshalling the facts together for the purposes of the motion which has been done by Mr Clive Smith.

“In the circumstances, I find MoFA’s stance entirely unreasonable and not well thought,” noted the judge.

The court directed the Barrister Duggal and the director (America) of the MoFA to come up with a solid reason to withhold the in-principle agreement to file the amicus brief, and if they do not return with instructions to proceed accordingly, then they shall ensure that the secretary MoFA is present in person in court on Sept 2 (Monday) at 10am to answer how filing the proposed amicus brief in any manner prejudices the government’s position.”

The court warned that “In case of his non-appearance, should it be necessitated per the aforesaid sentence, costs of Rs1 million will be imposed on the government.”

The progress as per Mr Duggal on the prisoner transfer agreement is occurring well.

The court directed him to provide a firm date which must not be far out in the future by which the government will transmit the draft petition to the government of the United States for its consideration.

Published in Dawn, August 31st, 2024