The Islamabad High Court (IHC) has expressed concerns over the transfer of detainees to the United States without a formal prisoner exchange agreement, as it reviewed a petition seeking the repatriation of Dr. Aafia Siddiqui.
During Friday’s hearing, the federal government filed an application urging the court to expedite the disposal of the plea for Siddiqui’s release. The court issued a notice on the government’s application and requested a response, as reported by *Express News*.
Justice Sardar Ejaz Ishaq Khan raised questions about Pakistan’s decision to hand over Daesh commander Sharifullah to the US despite the absence of a formal prisoner exchange treaty. Addressing the Additional Attorney General (AAG), Justice Khan remarked, “You claim there is no agreement, yet a detainee was transferred without one.”
The court also referenced the case of Dr. Shakil Afridi, noting that the government had been given an opportunity for in-camera proceedings regarding his potential transfer to the US but had failed to provide a satisfactory response.
Justice Khan further observed that the government appeared eager to close Dr. Aafia Siddiqui’s case, adding that such actions would draw international attention. “The prime minister wrote a letter, visas were issued—everything that could be done has been done. Does this mean the government wants to wash its hands of the case?” he questioned.
The hearing was attended by the petitioner’s lawyer, Imran Shafiq Advocate, AAG Munawar Iqbal Duggal, Dr. Fouzia Siddiqui (Aafia’s sister), and US attorney Clive Stafford Smith, who joined via video link.
The court adjourned the hearing until the following Friday and issued a notice on the government’s application.
### Background on Dr. Aafia Siddiqui’s Case
Dr. Aafia Siddiqui’s case dates back to 2003, following the capture of Khalid Sheikh Mohammed (KSM), the alleged mastermind behind the 9/11 attacks. Siddiqui, reportedly married to KSM’s nephew, disappeared with her children in Karachi, later being labeled “Lady Al-Qaeda” due to alleged connections with the terrorist organization.
In 2008, she was arrested in Afghanistan, allegedly in possession of sodium cyanide and plans for attacks on US targets. During her interrogation, Siddiqui reportedly grabbed a US soldier’s rifle and attempted to shoot US agents, shouting, “Death to America.” She was injured in the altercation and later showed signs of severe mistreatment.
Siddiqui’s son was released in Afghanistan, while the whereabouts of her other two children remain unknown. In 2010, she was convicted of attempted murder in the US and sentenced to 86 years in prison, though she was never formally charged with direct ties to terrorism.
