SC clubs plea for Aafia with prisoners’ repatriation plea

Asks if incarcerated scientist could complete her prison term in Pakistan


Our Correspondent May 20, 2019
Justice Saeed wants the deputy attorney general to review if Dr Aafia’s punishment could be completed in Pakistan.i. PHOTO: REUTERS/FILE

ISLAMABAD: The Supreme Court on Monday ordered to club a petition seeking repatriation of Dr Aafia Siddiqui with a plea seeking repatriation of Pakistanis jailed abroad.

A three-judge bench, headed by Justice Sheikh Azmat Saeed and comprising Justice Faisal Arab and Justice Ijazul Ahsan, heard the case filed by Dr Fauzia Siddiqui, sister of Dr Aafia, who was arrested from Karachi airport after 9/11 and is now languishing in a US jail, serving a 86 year sentence.

Dr Fauzia’s petition filed in 2018 requested the court to order the government to formulate a comprehensive policy for protecting fundamental rights of Pakistanis detained abroad.

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During the course of proceedings, Justice Saeed said the issue of Dr Aafia be raised along with that of other Pakistanis languishing in jails overseas as approaching the matter in this way may yield results.

Deputy Attorney General Ilyas Bhatti informed the court that Dr Aafia avails a consular meeting after every three months. Justice Saeed directed the deputy attorney general to review the case and find out if there is a possibility that she can complete her jail term in Pakistan.

The court later adjourned hearing of the case till date in office.

Separately, the Supreme Court also directed the Guns and Country Club employees to approach the relevant forum for restoration of their jobs.  The same three-judge bench, headed by Justice Sheikh Azmat Saeed, heard the case.

Justice Ijazul Ahsan remarked that there was no legal status of Guns and Country Club. He asked the counsel for employees that earlier he was a counsel for the Guns and Country Club and now he was appearing on behalf of employees. He asked the counsel if it was not a clash of interest.

The counsel for employees said he did not seek any relief against the club administration. Justice Ahsan asked how an institution which has no legal status can approach a court of law. The counsel said the apex court had formed an administration committee for the club.

Justice Ahsan responded that the committee after reviewing the matters of the club, kept necessary staff and terminated others. Later, the court directed the employees to contact relevant forum and disposed of the petition over withdrawal of application.

G-B case

The Supreme Court while hearing the Gilgit-Baltistan (G-B) constitutions rights case summoned attorney general and counsel of the G-B in the next hearing.  A three-judge bench, headed by Justice Gulzar Ahmed, noted that written narrative of the federal government had contradictions..

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“The government has taken one stance in a plea and a different stance another. The government is taking someone’s dictation on the G-B. The attorney general should tell us about the position maintained by the government,” he said.

Addressing the deputy attorney general, Justice Azmat Saeed said the government was requesting time for implementation of the orders but at the same time was also trying to present recommendations. “The recommendations cannot be implemented without a review of the court order.”

Justice Gulzar Ahmed said the government could have introduced a presidential ordinance for the purpose of legislation. However, the government wants to have the legislation through the act of parliament.

The G-B Bar while requesting to withdraw its plea for review said its counsel was not present. The court summoned attorney general and the G-B’s counsel in the next hearing after Eid.

COMMENTS (2)

brandy | 4 years ago | Reply Where is the logic of connecting Aafia with anything? She has been convicted in a public trial where we spent over $2 million on defence attorney's ... a trial where she demonstrated she was an extremist, racist, and potentially delusional. She hates Pakistan and few who followed her trial believe she is innocent. . Her first husband is in Guantanamo and her second husband openly calls her a terrorist. Some people belong behind bars ... she is one of them. Let the USA pay for her incarceration. Time to wash our hands of Aafia and move on.
Awalmir | 4 years ago | Reply But Aafia's sister made it clear that she is not interested in coming to Pakistan.
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