Islamabad: Islamabad High Court (IHC) has suggested a conference amongst parties to move ahead in the Dr Aafia case.
As per details, a single bench of IHC of Justice Sardar Ejaz Ishaque Khan here the constitutional petition of Dr Fowzia Siddiqui and passed the following order:
MoFA has provided an update dated 5.4.2024 (but again serially unnumbered) which was made part of the record. Dr. Saif learned amicus, appraised the court of his preliminary take on the case, in that his review did not return any firm or specific action taken by the government of Pakistan before the United Nations or what he called treaty-based actions. The ministry is required to address that point on the next date of hearing.
In the meantime, the office is required to prepare and send a copy set of the entire file and send those to Dr. Saif. If any documents are marked confidential and not yet cleared for general circulation, the office will hold those for the time being and obtain the direction of the court before sharing them with the learning amici.
Ms. Janjua, the learned amicus, apprised the court of what she perceived to be lack of effective communication and appraised the court of the measures she has taken to the Pakistani lawyers based in the US potentially willing to assist pro bono in the matter has been delayed due to MoFA seeking clearance from the Ministry of Law and Justice and Attorney General’s office as to whether it could proceed directly to instruct the lawyers in the United States.
Pending a firm resolution in this regard from the Ministries and AG’s office, there is no reason why Ms. Janjua, as suggested by Mr. Smith, should be asked to follow up with a formal request.
According, Ms. Janjua is expected to initiate the contact with the US lawyers and, should any positive developments occur, the MoFA and AG’s office be asked to follow up with a formal request.
It appears to the court that a conference amongst Mr. Smith, Dr. Saif, Ms. Janjua and Dr Fowzia Siddiqui would be of immense use in evolving an action plan and for the Court to consider that and pass further necessary directions. If need be the Court will remain available to participate in any conference call on request; it being remembered that this is not an adversarial case and all the parties here are on the same side. Mr Hamza from the MoFA is expected to remain available to the learned amicus and Mr. Smith on a regular basis.
The court relisted the case on 10.5.2024.
