LEGAL

Govt Challenges IHC Order in Aafia Siddiqui Case in Supreme Court

Federal govt moves SC against IHC’s May 16 ruling in Aafia Siddiqui case, arguing jurisdiction overreach & delays due to amended petitions.
2025-07-15
Govt Challenges IHC Order in Aafia Siddiqui Case in Supreme Court

The federal government has filed an appeal in the Supreme Court of Pakistan, challenging the May 16 order issued by the Islamabad High Court (IHC) in the high-profile Aafia Siddiqui case.

According to official sources, the government has raised serious objections to the Islamabad High Court’s decision to allow amendments in the petition filed by Dr. Fauzia Siddiqui, the sister of Dr. Aafia Siddiqui. The government argues that the court's decision has extended the case unnecessarily and is beyond the scope of Article 199 of the Constitution.

Details of the Appeal

The appeal, submitted before the Supreme Court, states that:

  • The original objectives of Fauzia Siddiqui’s petition have already been achieved, including legal access to Aafia Siddiqui through counsel.
  • The Islamabad High Court’s May 16 order, which permitted the amendment to the original petition, has caused delays and prolonged the legal proceedings.
  • The High Court is allegedly exceeding its constitutional limits, and its continued involvement in the matter is outside the purview of Article 199, which defines the High Court's authority over fundamental rights enforcement.

The government has requested that the Supreme Court declare the IHC's May 16 decision null and void, and terminate further proceedings in the case.

Background

On May 16, the Islamabad High Court approved an amendment in the petition filed by Dr. Fauzia Siddiqui. This amendment sought broader reliefs, which included government-level diplomatic efforts and regular consular access for Aafia Siddiqui, who remains imprisoned in the United States since 2010 on terrorism-related charges.

The High Court, while approving the amendment, had expressed concern over the slow pace of diplomatic efforts to secure Aafia Siddiqui's release or transfer to Pakistan.

What’s Next

Legal experts suggest that the Supreme Court will now examine whether the High Court’s actions constituted judicial overreach or if they were within the bounds of fundamental rights jurisprudence under Article 199.

Public interest in the Aafia Siddiqui case remains high, with human rights activists and political leaders often calling for more aggressive diplomatic efforts for her repatriation.