Justice Minhas Refers Matter to Chief Justice for Larger Bench
Islamabad: The Islamabad High Court (IHC) bench recently tasked with hearing the case concerning Pakistani neuroscientist Dr Aafia Siddiqui’s health and possible repatriation has been dissolved.
Justice Inaam Ameen Minhas, while hearing the matter on Monday, decided to forward the case file to IHC Chief Justice Sardar Muhammad Sarfraz Dogar for the constitution of a larger bench.
The case was earlier being heard by Justice Sardar Ejaz Ishaq Khan, who had issued contempt notices to Prime Minister Shehbaz Sharif and his cabinet for failing to explain why the government had not extended assistance to a US court reviewing Dr Aafia’s matter.
During Monday’s hearing, the petitioner’s counsel, Advocate Imran Shafiq representing Dr Aafia’s sister, Dr Fowzia Siddiqui argued that the issue had grown increasingly complicated. Justice Minhas, however, observed otherwise, maintaining that his order was clear in affirming the chief justice’s authority as the “master of the roster.”
“Justice Munib Akhtar has already held that the chief justice is the master of the roster, and I have given the same ruling. However, since another opinion differs, I am referring the matter to a larger bench,” Justice Minhas remarked.
Previously, Justice Ejaz Ishaq Khan had taken a hard line, initiating contempt proceedings against the prime minister and the entire cabinet on July 21. His order required all ministers, including PM Shehbaz, to submit replies within two weeks. He had also warned that continued inaction would trigger further contempt proceedings.
Interestingly, though Justice Khan was scheduled to go on summer recess on July 21, he had announced he would still hear the case that day. The matter was not listed before his bench, but he proceeded regardless, later issuing a strongly worded order that not only criticized the government’s inaction but also took aim at Chief Justice Dogar and what he called the “demolition squad” inducted into the IHC following the 26th Amendment.
Meanwhile, the federal government had already approached the Supreme Court on July 15, seeking to overturn the IHC’s May 16 order that allowed amendments to an old petition concerning Dr Aafia filed nearly a decade ago.
Dr Aafia Siddiqui, often referred to as the “daughter of the nation” by her supporters, remains a controversial figure. Convicted in the United States, her case continues to spark legal battles, diplomatic debates, and public campaigns for her return.