The Islamabad High Court (IHC) has issued contempt of court notices to Prime Minister Shehbaz Sharif and other federal cabinet members. This action stems from their failure to respond in the ongoing case concerning Dr. Aafia Siddiqui, a Pakistani neuroscientist imprisoned in the United States.

Background of Dr. Aafia Siddiqui's Case

Dr. Aafia Siddiqui was convicted in 2010 by a U.S. District Court on charges of attempting to murder American personnel in Afghanistan. She is currently serving her sentence at the Federal Medical Centre (FMC) Carswell in the U.S. Her case has been a matter of significant public and legal interest in Pakistan, with ongoing efforts for her repatriation and release on humanitarian and legal grounds.

IHC Expresses Dissatisfaction and Issues Warnings

On July 12, the IHC voiced strong dissatisfaction with the federal government's repeated failure to submit a report on Dr. Siddiqui’s status, health, and potential repatriation. Justice Sardar Ejaz Ishaq, presiding over the case, had previously warned that he would “summon the entire cabinet” if the required report was not presented.

Contempt Notices Issued Due to Non-Compliance

During the latest hearing, Justice Ishaq noted that he had previously cautioned the additional attorney general about further inaction. He stated that the government's failure to provide a response, despite clear directives, constitutes contempt of court.

The court order highlighted that the government had filed an appeal against the IHC’s earlier decision, which permitted amendments to the petition for the case's continuation. However, this appeal had not been taken up by the Supreme Court. Consequently, the judge felt he had no option but to issue contempt notices.

The order directs the court office to initiate a contempt petition, listing all members of the federal government as respondents. The Prime Minister and all ministers are required to submit their replies within two weeks.

Judicial Independence and Administrative Obstruction

Justice Ishaq also raised serious concerns about perceived administrative interference in judicial proceedings. He criticized what he described as the "machinations of the executive" appearing in the form of controlling the court's roster – a schedule of judges' sittings.

The judge revealed that he was scheduled to be on leave, yet the cause list for his case was not issued without the Chief Justice's approval. He noted that his application for leave was not signed, implying a deliberate attempt to obstruct the case’s proceedings. Justice Ishaq expressed concern that this could be a tactic to delay the government's response regarding an amicus brief in the U.S. court, which would likely be delayed until his leave ended. He firmly stated that the "imperatives of justice shall not be defeated by such petty means."

Court Proceedings and Lawyer's Remarks

During the hearing, Dr. Fowzia Siddiqui's lawyer, Imran Shafiq, and former senator Mushtaq Ahmed were present. Justice Ishaq reiterated his discontent with the hearing's scheduling, given his leave status, emphasizing that administrative power was being used to influence judicial matters.

Shafiq pointed out that if the government genuinely sought a stay on the IHC's order, they would have already formed a new bench. He also made a notable remark regarding the Supreme Court, stating that he hadn't filed the case there due to the presence of Justice Mansoor Ali Shah and would wait for a change in the judges' roster.

Justice Ishaq concluded by stating that the court had no alternative but to issue the contempt notices. The next hearing for the case will be held on the first working day after his return from leave.

This development underscores the ongoing legal complexities and tensions surrounding Dr. Aafia Siddiqui's case, particularly concerning the roles of the executive and judiciary in Pakistan.