Islamabad: In a significant legal inquiry, the Islamabad High Court (IHC) has questioned the authority under which Dr. Aafia Siddiqui and her children were transferred to American custody. This query was raised during a session presided over by Justice Sardar Ejaz Ishaque, spotlighting concerns about the legality of the transfer initiated by Pakistani authorities.

According to Aafia Movement, Advocate Imran Shafique, representing Dr. Fowzia Siddiqui, addressed the media post-hearing to discuss the critical questions posed by the court. The American lawyer for Dr. Aafia Siddiqui, Clive Smith, has filed a clemency motion in U.S. courts citing humanitarian grounds, which includes detailed accounts of how Dr. Siddiqui and her children were allegedly taken by the Sindh government and the ISI before being handed over to the U.S.

The court expressed its inability to overlook these allegations, as highlighted in the declaration, prompting Justice Ishaque to consider ordering an inquiry into the circumstances and legality of the transfer. The inquiry would demand a report from the Director-General of ISI on the evidence that justified the alleged abduction and transfer of Siddiqui and her children to American agencies.

Furthermore, the court has given the Pakistani government a four-week deadline to clarify its position on a potential multilateral agreement with the U.S. concerning the repatriation of prisoners. Although a bilateral agreement was mentioned, discussions with the U.S. have not commenced.

Adding to the court’s deliberations, Advocate Janjua noted a significant impediment in Dr. Siddiqui’s repatriation efforts, stemming from claims that her transfer was legally conducted by the Pakistani government, which complicates the clemency process.

Outside the courtroom, Jamaat-e-Islami leader Mushtaq Ahmed asserted that the transfer of Siddiqui and her children was illegal and criticized the Pakistani government’s reluctance to seek her release. He emphasized that Dr. Siddiqui’s situation could be resolved promptly if the government were to formally petition for her release on humanitarian grounds.

The case continues to draw significant attention, highlighting complex international legal dynamics and the intense scrutiny over the actions of Pakistani and U.S. authorities regarding Dr. Siddiqui’s controversial detention.