FCC halts IHC proceedings in Dr Aafia Siddiqui case

ISLAMABAD: The Federal Constitutional Court (FCC) on Wednesday stayed proceedings pending before the Islamabad High Court (IHC) in the Dr Aafia Siddiqui case, suspending scheduled hearings and effectively halting further action, including contempt of court proceedings.

A three-member bench headed by Chief Justice Amin-ud-Din Khan, and comprising Justice Ali Baqar Najafi and Justice Syed Arshad Hussain Shah, heard the appeals filed by the federal government.

After taking up the matter, the FCC restrained the IHC from proceeding further in the case, particularly with regard to possible contempt proceedings against government officials.

In its appeals, the federal government challenged the IHC’s interim orders as well as its contempt-related actions.

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 case 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 FCC 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 in the matter.

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.

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.

Earlier, on July 21, 2025, the IHC had issued a show-cause notice to the federal cabinet for contempt of court in the case concerning Dr Aafia Siddiqui’s release and repatriation.

Justice Ijaz Ishaq expressed strong displeasure over the federal government’s failure to submit a report explaining its refusal to assist in Dr. Aafia’s case before a U.S. court, despite being directed to do so in June.

“If the federal government’s report is not presented, I will summon the entire cabinet. Why shouldn’t contempt proceedings be initiated against all cabinet members, including the Prime Minister?” the judge had remarked.

According to Aafia Movement, the Islamabad High Court was scheduled to announce its verdict in the Dr Aafia Siddiqui case on February 8, 2026.

The hearing had originally been fixed for January 20, 2026; however, no cause list or roster for the case was issued even after January 26, it said in a statement.

Later, on February 9, 2026, the roster regarding the verdict announcement was finally uploaded to the IHC’s official website. Despite this, the verdict was not announced, it added.