Govt Fails To Contact Foreign Lawyers In Aafia Case Despite 12 Days: IHC

Despite third hearing on amicus curiae brief, government appears helpless and uninformed in court today, says court order

ISLAMABAD: (UrduPoint/UrduPoint / Pakistan Point News-Sept 7th, 2024) The Islamabad High Court on Saturday issued a written order regarding the petition for the release of Dr. Aafia Siddiqui, observing that despite 12 days passing, the Ministry of Foreign Affairs failed to establish contact with foreign lawyers for Aafia’s release.

The decision was written by Justice Sardar Ijaz Ishaq Khan.

The order mentions that despite the third hearing on the amicus curiae brief, the government appeared helpless and uninformed in court today.

The government is presenting its fear in a vague manner and has no clue about the consequences of submitting the amicus curiae brief.

On August 20, the government was informed about the critical role of the brief.

After 12 days of hard work, the government’s only conclusion is that they need to contact an American lawyer to understand the potential outcome of submitting the brief in relation to Dr. Aafia’s release petition.

According to the order, despite 12 days passing, the Ministry of Foreign Affairs failed to contact foreign lawyers.

Had any authority been granted to the government, we would be at the mercy of their slow and indifferent decisions.

The government let Mr. Smith proceed based on a mere assumption—that the government would perform its duties on time and submit the amicus curiae brief.

In the written order, the judge noted that Mr.

Smith has worked diligently to lay the foundation for the motion for compassionate release.

Mr. Smith believes his petition could be heard and approved, but the government remains indecisive on whether it would support Mr. Smith.

Instead of agreeing with the amicus curiae brief, the government’s cowardice is painting a sad picture.

The court ordered the government to make a decision on the amicus curiae brief by September 30 and provide Mr. Smith with a clear yes or no response by the same date.

The Attorney General of Pakistan is ordered to appear in person at the next hearing.

The Secretaries of the Cabinet, Ministry of Law, and Ministry of Defense are also required to appear at the next hearing. If any of them are abroad during the next hearing, they must attend online.

The court further mentioned that the next step is to file a compassionate plea before the U.S. President through Mr. Smith.

The Pakistani government’s support for this plea is essential for the U.S. President’s consideration.

Mr. Smith stated that he could present the draft of the plea by the end of this week.

According to the Additional Attorney General, the Federal government would submit its response to the draft within seven days.

The Additional Attorney General is instructed to give a clear yes or no answer by the next hearing, which is due on September 13.