Federal Court halts IHC contempt proceedings against PM Shehbaz in Aafia Siddiqui case

WEB DESK: ISLAMABAD: The Federal Constitutional Court (FCC) on Tuesday put a hold on the Islamabad High Court’s (IHC) contempt proceedings against Prime Minister Shehbaz Sharif and federal ministers in connection with the legal efforts for Dr Aafia Siddiqui in the United States.

A three-judge bench led by FCC Chief Justice Aminuddin Khan, with Justices Ali Baqar Najafi and Arshad Hussain Shah, heard appeals filed by the federal government challenging the IHC’s move to initiate contempt proceedings. The appeals also contest the May 16, 2025 order that allowed amendments to a petition concerning Dr Siddiqui, nearly ten years after the case had been resolved.

Additional Attorney General Rashid Hafeez represented the government, while Advocate Imran Shafeeq appeared for Dr Fowzia Siddiqui, Dr Aafia’s sister, who was issued a notice by the court.

Government cites judicial overreach and foreign policy concerns

The federal government argued that permitting amendments to a long-settled petition amounted to judicial overreach and undermined the finality of concluded litigation. It emphasised that revisiting the matter after such a long interval violated established legal principles.

The IHC had earlier sought explanations from the prime minister and the cabinet over alleged inaction regarding Dr Fowzia’s efforts to secure updates and support for Dr Aafia’s welfare while in US custody. The amended petition sought a declaration that the government had constitutional and international obligations to pursue Dr Aafia’s release and repatriation.

The government stressed that steps had already been taken, including a formal letter from the prime minister to the US president in October 2024 supporting Dr Aafia’s clemency plea, deployment of a high-level delegation, and attempts to negotiate prisoner transfer treaties. It argued that the court had not considered the diplomatic and international law implications, including provisions under the Vienna Conventions on Diplomatic and Consular Relations, which govern Pakistan’s obligations.

The FCC’s decision to stay the IHC proceedings reflects the federal government’s position that matters involving international legal obligations and foreign policy fall within the exclusive domain of the executive.