ISLAMABAD: The Islamabad High Court (IHC) on Wednesday directed the federal government to file the long-pending amicus brief in the Dr Aafia Siddiqui case, warning that the matter could not be kept pending any further.

A larger bench headed by Justice Arbab Muhammad Tahir and comprising Justice Khadim Hussain Soomro, Justice Muhammad Azam Khan and Justice Raja Inaam Ameen Minhas took up the petition filed by Dr Siddiqui’s sister, Dr Fawzia Siddiqui. Advocate Imran Shafiq appeared on behalf of the petitioner, while Additional Attorney General (AAG) Rashid Hafeez represented the federation.

At the outset of the hearing, Advocate Imran Shafiq argued that the plea primarily concerned the repatriation of Dr Aafia Siddiqui from the United States.

Justice Arbab Muhammad Tahir, however, observed that the repatriation request was not part of the original petition and had instead been added later through an amendment.

The AAG informed the court that Pakistan has an extradition treaty with the United States, but the matter remained complex due to sensitive foreign policy considerations.

He stated that while the government had facilitated the petitioner with visa arrangements and other support, it could not interfere with the judicial system of another sovereign state.

He further noted that Dr Siddiqui also holds American citizenship and was convicted under US law.

When asked whether Pakistan had raised concerns over medical facilities available to Dr Siddiqui in US custody, the AAG said Washington had assured that the required medical care was being provided.

However, he added that access to a doctor of the prisoner’s own choosing was not permissible under US prison regulations.

Justice Arbab Muhammad Tahir expressed dissatisfaction over the slow progress of the case, remarking that the court aimed to conclude the matter without further delay.

He observed that it was not feasible for a four-member bench to convene repeatedly on the same petition.

The judge also reprimanded the AAG, noting that neither the court-ordered amicus brief had been submitted nor previous directives had been followed.

The bench directed the federation to immediately file the amicus brief, warning that the court could not allow the case to remain pending indefinitely.

The AAG informed the bench that the federal government had challenged an IHC decision related to the matter before the Supreme Court, but the appeal had yet to be fixed for hearing.

The bench remarked that continued delays would unnecessarily prolong relief for the petitioner.

Subsequently, the court adjourned proceedings and fixed the case for hearing on January 20, after the IHC’s winter recess.

Published in Dawn, December 4th, 2025