ISLAMABAD, Feb 11 (APP):The Federal Constitutional Court (FCC) on Wednesday stayed proceedings pending before the Islamabad High Court (IHC) in the Dr Aafia Siddiqui case, suspending the high court’s scheduled hearings and effectively halting further action including the contempt of court proceedings.
A three-member bench headed by Chief Justice of the Federal Constitutional Court Justice Amin-ud-Din Khan, and comprising Justice Ali Baqar Najafi and Justice Syed Arshad Hussain Shah, heard the matter.
After taking up appeals filed by the federal government, the court restrained the IHC from proceeding further in the case, particularly with regard to potential contempt proceedings.
In its appeals, the federal government challenged the IHC’s interim orders as well as its contempt-related proceedings. The government also sought to set aside the May 16, 2025 order through which the high court had allowed an amendment to a petition in a matter that had been disposed of nearly a decade earlier.
During the hearing before the FCC, Additional Attorney General Rashid Hafeez represented the federal government, while Advocate Imran Shafiq appeared on behalf of Dr Fozia Siddiqui. The Federal Constitutional Court also issued notice to Dr Fozia Siddiqui and stated that at the next hearing it would examine the maintainability of the appeals and other legal questions involved.
Dr Fozia Siddiqui had approached the IHC, contending that her sister, Dr Aafia Siddiqui — currently imprisoned in the United States — faces threats to her life, safety, and physical and mental health.
The federal government, in its stance, argued that allowing the amendment amounted to judicial overreach and undermined the principle of finality in litigation. It maintained that reopening a matter disposed of many years ago was contrary to settled legal principles.
The government further submitted that diplomatic efforts had already been undertaken in Dr Aafia Siddiqui’s case. In October 2024, the prime minister wrote to the US president supporting a clemency appeal, following which a high-level official delegation was sent to the United States. Efforts were also made to explore bilateral and multilateral agreements on prisoner transfer; however, US authorities did not agree to any such arrangement.