FCC Halts IHC Proceedings Against PM Sharif Over Aafia Siddiqui Case

In a significant judicial development, the Federal Constitutional Court (FCC) in Islamabad has suspended contempt proceedings against Prime Minister Shehbaz Sharif and several federal ministers concerning their involvement with Dr. Aafia Siddiqui’s case in the United States. The decision comes after an appeals hearing by a three-judge bench of the FCC, which included Chief Justice Aminuddin Khan.

The hearings focused on challenges filed by the government to the Islamabad High Court (IHC)’s initiative to pursue contempt against key figures involved with Dr. Siddiqui’s welfare over the past decade. The amendments made to an old petition were at the heart of the controversy, with the IHC having approved these changes in a 2025 order.

The government’s position was that any such moves are unconstitutional and infringe on final court decisions. They argued that allowing these revisions now—after years of resolution—was tantamount to judicial overreach. The additional Attorney General Rashid Hafeez, representing the federal government, highlighted their insistence that diplomatic and legal responsibilities should remain with the executive branch.

The IHC had originally demanded explanations from PM Sharif and other ministers on their inaction regarding Dr. Fowzia Siddiqui’s efforts to keep her sister informed about Aafia’s situation in US custody. The amended petition sought a constitutional declaration requiring Pakistan to undertake obligations related to Aafia’s release and repatriation.

In its ruling, the FCC stressed that revisiting issues involving foreign policy and international law is an executive prerogative. It emphasized that the government had already taken significant steps: including a letter to the US president in October 2024 supporting clemency for Dr. Aafia, deploying a high-level delegation, and initiating prisoner transfer negotiations.

The FCC’s decision marks a shift towards protecting national security and foreign policy interests by deferring further legal scrutiny of these matters from the IHC. This decision reflects Islamabad’s strong stance against what it considers unwarranted judicial intervention in areas traditionally handled by the executive branch.