ISLAMABAD: The Islamabad High Court (IHC) has issued a notice to the attorney general to appear in his personal capacity on September 13 to provide assistance in Dr Aafia Siddiqui’s case.
The IHC directed the secretaries of the Cabinet Division, the Ministry of Law and the Ministry of Defence to appear before it on the next hearing, saying that if any of them is outside the country, they should participate in the proceedings online.
The court said the US lawyer has to file a mercy petition with the American president, for which the support of the Government of Pakistan is necessary.
IHC Justice Sardar Ejaz Ishaq Khan has issued a written order for the hearing of the Dr Aafia case, in which it has been said that despite the third hearing on the amicus brief, the government is standing helpless and ignorant in front of the court.
The court said the government is presenting its fears wrapped in a rhetorical manner, and the government does not know what the implications of the submission of the amicus brief would be. The court also said the government was informed about the important role of the amicus brief on August 20, and after 12 days of tireless work the government realised that it had to contact an American lawyer to find out what the outcome of Dr Aafia’s request to join the amicus brief would be.The IHC pointed out that even after two days, the Ministry of Foreign Affairs has failed to contact the relevant lawyers. It remarked that had the government been given any authority, we would have been at the mercy of their slow and callous decisions.
The court observed that the government has let Mr Smith go on the basis that he works on a mere hypothesis, and the assumption is that the government would be able to complete its work on time and file an amicus brief.The court also observed that Mr Smith has painstakingly founded the motion for compassionate release, and that he believes that their request can be heard and approved.The court said the government is undecided whether or not to support Mr Smith, adding that instead of agreeing to the amicus brief, the cowardice of the government presents a sad scene.The IHC directed the government to decide on the amicus brief by September 30. According to the additional attorney general, the federal government would submit a response to the draft within seven days. Further hearing of the case will be held on September 13.