Prayed to direct the prime minister to keep his promise and raise the issue of Aafia Siddiqui with the US president for her return to Pakistan
There is breach of several articles of the constitution of Pakistan 1973, international conventions and domestic laws in the case of Dr Aafia Siddiqui Karachi/ Islamabad, October 9
Sister of Dr Aafia Siddiqui, Dr Fowzia Siddiqui with counsel Dr Sajid Qureshi and associates has filed a constitutional petition in the Islamabad High Court to seek an update and the current status as to the wellbeing of Dr Aafia Siddiqui and to confirm independently that she is still alive and well on an urgent basis; and for the PM Mian Muhammad Nawaz Sharif to stay true to his promise and raise the repatriation of Dr Aafia Siddiqui with president Obama during his upcoming US state visit. Grounds in the petition maintained breach of constitution of Pakistan 1973, international conventions and domestic laws by the respondents. Citing the Federation of Pakistan, the Ministry of Foreign Affairs, Government of Pakistan, through its Secretary, Mr. Aizaz Chaudhry, Islamabad; the Advisor to the PM on National Security and Foreign Affairs, Mr. Sartaj Aziz, Ministry of Foreign Affairs, Government of Pakistan, Islamabad; Special Assistant to the PM on Foreign Affairs, Mr. Tariq Fatemi, Ministry of Foreign affairs, Government of Pakistan, Islamabad; the Prime Minister’s Office/Secretariat through its Secretary, Islamabad, and Chaudhry Nisar Ali, Interior minister, the petitioner also prayed that the respondents may be directed to provide regular weekly reports to the petitioner as to the mental and physical state of Dr Aafia Siddiqui, and provide the petitioner and her family full cooperation, safety and assistance in obtaining the visas to US to visit, meet and see her sister, Dr Aafia.
The petitioner in her constitutional petition WP-10727/15 submitted she has been seeking justice for her sister Dr Aafia Siddiqui who is a prisoner of conscience illegally captured and detained in Afghanistan and then removed to the US.
She submitted that Dr Aafia Siddiqui is the ‘Daughter of the Nation’, being a Pakistan citizen holding a Pakistani Passport; every Pakistani citizen and the public at large is well aware of the cruel and inhumane treatment that she has been subjected to by the authorities; there is great public interest in Pakistan and elsewhere in this matter. She is currently in FMC Carswell prison located on the US military base in the USA.
That several articles of the constitution of Pakistan have been breached.
The this case is not just about one woman it is one of national dignity and honor,
As has been resolved in the National Assembly and Senate and the Prime Minister himself is quoted "The issue is not only related to Dr Aafia Siddiqui, it is an international issue where innumerable people have been deprived off their civil and international rights due to the uncertain system of justice. This step will pave a way for hundreds of cases to find out who holds pen to decide their fate. Dr Aafia‘s case is the top priority and it is one of national honor and keeping silent would be a disgrace to the entire nation. This episode casts a slur on the image of Pakistan where one of the daughters of the nation is undergoing illegal detention in anonymous places and had been forsaken to languish in jail for several years. The hour calls for measures to take drastic steps to emerge out of this ocean of hopelessness and despair”
So far no such actions have been taken.
The petitioner submitted that Aafia is still in illegal custody and she has been informed that Aafia is subjected to regular abuse and what appears to be psychological torture and is kept in a small solitary room with 24 hour surveillance. She has been denied access to her family and the knowledge and welfare of her 3 children. Dr Aafia’s report of abuse is reported to both the embassy of Pakistan in USA and all authorities of foreign office and personally to the Prime Minister Nawaz Sharif and Interior minister Chaudhry Nisar both verbally and in writing by the petitioner as well as her US based lawyer MS Tina Foster. No investigation was taken by any of these people nor did they protest while when Indian guilty female was subject to a mild strip search India took stern notice and raised hue and cry till it repatriated her guilty female citizen and got an apology also. Here the Hafiz e Quran, modest, highly qualified, innocent daughter of Islamic Republic of Pakistan is being subject to daily humiliation and the respondents remain numb.
Only periodic phone calls have been permitted with gaps of as much as a year. The petitioner has no tangible, verifiable evidence that since then there is no news that Dr Aafia Siddiqui is indeed alive. The petitioner is very concerned about the safety and the wellbeing of her sister and since the respondents are not providing a real update, the petitioner has no other alternate, efficacious and speedy remedy available except the instant constitutional petition, hence this writ petition, inter alia, on the following grounds:-
The petitioner with her counsel Dr Sajid Qureshi prayed that this Honorable Court may be pleased to direct the respondents to provide an update and the current status as to the wellbeing of Dr Aafia Siddiqui and to confirm independently that she is still alive and well on an urgent basis.
She requested to direct the respondents to provide regular weekly reports to the petitioner as to the mental and physical state of Dr Aafia Siddiqui; direct the respondents in providing the petitioner and her family full cooperation, safety and assistance in obtaining the visas to US to visit, meet and see her sister.
She prayed to direct the respondents to compile a competent independent medical team with Dr Aafia’s sister who is a Harvard trained neurologist as part of the team to examine her mental and physical health. She also requested to direct the Prime Minister of Pakistan to stand true to his words and take up the issue of Dr Aafia Siddiqui during his upcoming visit to the US.
This is a separate issue to the one filed in Sind high court in which contempt proceedings are underway.
The petitioner prayed for justice for her sister and that Dr Aafia be brought back to Pakistan under various laws and the respondents are directed to take up the matter as they have promised and not fulfilled
Issued by: Aafia Movement Pakistan 0322-2214092