IHC ask govt to take full efforts in Aafia caseMarch 5, 2016
Islamabad: The Islamabad High Court (IHC) has directed the government to take all-out efforts to meet the grievance of petitioner Dr Fowzia Siddiqui in Aafia case carefully, call the petitioner and resolve the same in accordance with law while exercising their power within their domain as guaranteed by the constitution of Pakistan.
According to details, a single bench of the IHC comprised Justice Noor-Ul-Haq N Qureshi issued order in Dr Fowzia Siddiqui Verses Federation of Pakistan, ministry of foreign affairs and four others said that the respondents being functionaries of the federation are required to follow the constitution and to protect all those rights guaranteed by the constitution of Pakistan.
“From the lethargic conduct of the respondent it appears that they have not exhausted their duties in letter and spirit. Hence, necessity arises to issue a direction to the respondents. Therefore, they are directed to meet the grievance carefully, call the petitioner and resolve the same in accordance with law while exercising their power within their domain as guaranteed by the constitution of Pakistan to keep the relation between the two countries. Also they must keep in view that the incident had occurred in Pakistan. Now they are required to make efforts to resolve the misery with all means and shall submit weekly report to this court through additional registrar (judicial) of this court about their efforts.”
The court order said that the relief sought by the petitioner, represented by Dr Sajid Qureshi Advocate, is related to the fundamental rights of a citizen of Pakistan. Earlier, present Prime Minister being leader of the opposition required the then Prime Minister in a letter dated 09,11,2008 to do the needful, as prayed in the instant writ petition. But on becoming Prime Minister of Pakistan, he himself has ignored the said aspect grossly. The petitioner; therefore, is roaming from pillar to post.
It said the respondents through their comments have taken their stance that one family member of Dr Aafia Siddiqui meet her in USA through councillor services. With regard to other apprehensions raised in the writ petition, no positive result is furnished by the respondents through their reply. The respondents otherwise bound by law to take care of their citizens even detained outside the jurisdiction of Pakistan.
It said the Honourable Sind High Court has disposed of the constitutional petition number 1315 of 2013 filed by the petitioner vide order dated 16.05.2013. From the allegations and replies submitted, it appears that said order has never been implemented. Though a contempt application was moved, but it was still pending with the court. Now the petitioner finding no way has filed the instant writ petition with following relief to be directed:-
1. “Direct the respondent to provide an update (reports on weekly basis) and the current status as to the wellbeing, mental and physical state of Dr. Aafia Siddiqui and to confirm independently that she is still alive on an urgent basis.
2. Direct the respondents in providing the petitioner and the family full cooperation, safety and assistance in obtaining the visas to USA to visit, meet and see her sister.
3. Direct the respondents to compile an independent medical team with the petitioner to examine Dr. Aafia’s physical and mental health.
4. Direct the Prime Minister to take up the issue of Dr. Aafia Siddiqui with the US president his upcoming visit to the US”.
The court order said: “Keeping in view the seriousness of this matter, it be placed before the court fortnightly both parties present.”