The Islamabad High Court (IHC) made significant progress in the case related to the release and repatriation of Dr. Aafia Siddiqui. During the hearing on Friday, the federal government informed the court that the proposal to exchange the Pakistani neuroscientist imprisoned in the US for Shakeel Afridi, a Pakistani doctor convicted of espionage, is not feasible.
Additional Attorney General (AAG) Munawar Iqbal Duggal informed the court that there is no agreement between Pakistan and the United States for the exchange of prisoners. He emphasized that both Shakeel Afridi and Aafia Siddiqui were Pakistani citizens, and such an exchange would not be legally or diplomatically viable.
The AAG revealed that the government has reservations about certain aspects of the draft petition filed by Aafia Siddiqui’s legal team in the US courts. The court directed the AAG to seek instructions from the government and provide a detailed response on these objections by next Friday.
“Why is Shakeel Afridi important to America?” asked Justice Sardar Ijaz Ishaq Khan.
Amicus curiae Zainab Janjua responded that Afridi is currently convicted, and his appeal is pending in the Peshawar High Court. Dr Fauzia Siddiqui’s lawyer, Imran Shafiq, told the court that Afridi is accused of espionage and aiding foreign intelligence agencies, particularly in connection with the operation that led to the killing of Osama bin Laden.
The AAG told the court that the government had submitted its response in this regard on February 19. “Former US president Joe Biden rejected Dr Aafia Sidiqui’s application but did not respond to the letter from the prime minister,” he added.
The court questioned the diplomatic norms regarding communication between countries, noting that the White House had neither responded to nor acknowledged a letter sent by Pakistan regarding Aafia Siddiqui’s case. Justice Sardar Ijaz Ishaq Khan expressed surprise at the government’s apparent reluctance to support the petition actively.
Aafia Siddiqui’s American lawyer, Clive Smith, had suggested the prisoner swap proposal. However, the government’s rejection of this idea has complicated efforts to secure her release.
The IHC has adjourned the hearing until next Friday, directing the AAG to provide a comprehensive response regarding the government’s objections to the petition filed in the US courts. The court also sought clarity on the diplomatic steps taken by Pakistan to address Aafia Siddiqui’s case.
Dr. Aafia Siddiqui is serving an 86-year prison sentence in the US for allegedly attempting to kill American soldiers in Afghanistan.
Shakeel Afridi, on the other hand, is accused of collaborating with the CIA to locate Osama bin Laden. His conviction has made him a focal point in discussions about US-Pakistan relations.