Pakistan court issues contempt notice to federal cabinet in Aafia Siddiqui case

A high court in Pakistan issued a contempt notice to Prime Minister Shehbaz Sharif’s federal cabinet on Monday for failing to submit a required report in the long-running case of Aafia Siddiqui, a Pakistani neuroscientist serving an 86-year sentence in the United States.

Justice Sardar Ejaz Ishaq Khan of the Islamabad High Court expressed serious frustration over the government’s repeated delays, saying the court would not hesitate to initiate contempt proceedings against all ministers, including the prime minister.

“I had said I would begin contempt proceedings if the report wasn’t filed,” the judge said. “This court will not hesitate to proceed against the prime minister as well.”

The next hearing will take place on the first working day after the court’s summer recess, Justice Khan added.

A high-profile case with political weight

Aafia Siddiqui, an MIT-educated neuroscientist, was arrested in Afghanistan in 2008 and later convicted by a U.S. federal court for attempting to kill American soldiers while in custody. She is currently imprisoned at a federal facility in Texas.

Her case has become a national issue in Pakistan, where many believe she was wrongfully targeted. Human rights groups and politicians from across the political spectrum have called on successive governments to intervene and secure her release.

The petition before the Islamabad High Court was filed by Siddiqui’s sister, Fozia Siddiqui, who is demanding that the Pakistani government take formal legal steps in her sibling’s defense.

The court had previously ordered the government to explain why it refuses to support Aafia Siddiqui in her legal proceedings in the United States. But despite multiple deadlines, government officials have failed to submit a written explanation.

The hearing

On Monday, Additional Attorney General Rashid Hafeez again appeared in court without the report.

Justice Khan noted that Fozia Siddiqui’s petition is of a different nature than routine cases and deserves serious attention.

The judge also said he had asked his personal secretary to notify the Chief Justice about the importance of Monday’s hearing, after being informed that the court’s roster had been changed.

Fozia Siddiqui’s lawyer, Imran Shafiq, accused the government of delaying the case deliberately. He said that if the government wanted to seek a stay order, “a bench would have already been formed.”

“We know how the high court is operating,” he added. “Your order is on record. This case was scheduled before your court today.”

Justice Khan responded, “I don’t know why your case hasn’t come up in the Supreme Court yet.”

Shafiq claimed that the case won’t be scheduled in the top court because Justice Mansoor Ali Shah is on the bench. “It will only proceed when the roster changes.”

Earlier warnings to government

Monday’s notice follows a strong warning from the court earlier this month. On July 11, Justice Khan warned that if the government continued to defy the court’s instructions, he would summon the entire cabinet and consider contempt charges.

“If the federal government does not submit its report in this court, I will summon the entire cabinet,” the judge said at the time. “Why should contempt proceedings not be initiated against all ministers?”

At that hearing, the government asked for more time, citing the judge’s upcoming annual leave. The request was reluctantly granted.

Shafiq had also requested that his client be allowed to meet with PM Shehbaz. But the judge questioned the value of such a meeting. “What would she tell the prime minister that he doesn’t already know?” he asked.

A legal and diplomatic challenge

In June, the Islamabad High Court instructed the government to offer a legal rationale for its decision not to become a party to Aafia Siddiqui’s U.S. case. The Additional Attorney General had previously stated the government’s position without legal justification.

“This is a constitutional court,” Justice Khan said at the time. “The Attorney General cannot simply announce government decisions without offering legal reasoning.”

Despite repeated pleas, the U.S. government has shown no indication that it will reconsider Siddiqui’s conviction or sentence.

Last year, PM Shehbaz wrote to then–U.S. President Joe Biden requesting Siddiqui’s release on humanitarian grounds, but the appeal went unanswered.