New IHC bench on Aafia case dissolved
The newly constituted bench formed to hear the case regarding incarcerated Pakistani neurosci-entist Dr Aafia Siddiqui's health and repatriation has been dissolved.
Justice Inaam Ameen Minhas of the Islamabad High Court (IHC) on Monday forwarded the file to the IHC chief justice, Sardar Muhammad Sarfraz Dogar, for the for-mation of a larger bench.
This case had earlier been transferred from the court of Justice Sardar Ejaz Ishaq Khan, who had issued contempt notices to Prime Minister Shehbaz Sharif and his cabinet members for disregarding its order to provide reasons for not assisting a US court hearing the case of Dr Aafia.
On Monday, Justice Minhas heard arguments regarding Dr Aafia's health and return from a US prison while hear-ing the petition filed by Dr Aafia's sister, Dr Fowzia Sid-diqui,
Counsel for the petitioner, Advocate Imran Shafiq, told the court that the matter had become quite complicated. The judge stated that it was not the case and that his ruling was clear regarding the chief justice being the master of the roster.
"Justice Munib [Akhter] also held [that the CJ is the mas-ter of the roster], and I have given the same ruling. How-ever, since another [judge's] opinion differs, I am referring this issue to a larger bench. The larger bench will decide who the master of the roster is."
Earlier, this case was heard by Justice Sardar Ejaz Ishaq Khan, who, on July 21, initiated contempt proceedings against PM Shehbaz and his entire cabinet. "The replies of all the ministers, including the prime minister, shall be filed within two weeks from today," said the order authored by Justice Khan.
The judge noted that in his last order he had given the government time to revert with its decision, while cau-tioning the state law officer that inaction would result in contempt proceedings.
The federal government on July 15 approached the Su-preme Court, seeking to overturn the May 16, 2025, or-der of the IHC that allowed amendments to a previously settled petition concerning Dr Aafianearly a decade af-ter its filing.
Justice Ejaz Ishaq Khan was to go on summer vacation from July 21. However, he had announced at the last hearing that he would hear the case on July 21. Interest-ingly, the IHC did not list the case for hearing before his bench.
The judge, nevertheless, heard the case and later issued a blistering order. He also criticized IHC Chief Justice Dogar and the entire "demolition squad catapulted into" the IHC after the 26th amendment.
Dr Aafia Siddiqui is a Pakistani neuroscientist and educator who gained international attention following her conviction in the United States.