Karachi:The leader of Aafia Movement Pakistan leader and noted neurophysician of the country Dr Fowzia Siddiqui submitted before the Sindh High Court (SHC) here Tuesday that the life of Pakistani woman scientist Dr Aafia Siddiqui was danger due to the spread of Covid-19 in the American prison where she is detained.
As per details, a division bench of SHC comprising Mr. Justice Muhammad Ali Mazhar and Mr. Justice Yousuf Ali Sayeed resumed the hearing of the constitutional petition of Dr Fowzia Siddiqui. As her lawyer Irfan Aziz could not attend the hearing due to some unavoidable circumstances, Dr Fowzia, herself, submitted detailed Para-wise objections to the federal governments reply in previous hearing.
She submitted that the respondents by not given the answer to Para 1 to 9 have shown that they have no interest in the case and in the past they have not worked and they are not sincerely taking up the matter. The respondents have no material with them due to lack of work. She said that under Article 4 of the constitution of Pakistan it is duty of the government to protect the dignity and life of Pakistani citizens wherever they may be.
The petitioner maintained that the she has already recorded the conversation and message of Dr. Aafia Siddiqui about the maltreatment, abuse her dignity, body and person and also desecration of holy book of Quran by US Government and no effort and response on the side of Pakistan Foreign Ministry has ever been taken and they never ever raised their voice and not even corresponded with the US authorities to record their protest about the illegality and ill action beyond law and without jurisdiction. She submitted that Dr Aafia’s case meets all the international criteria of a “prisoner of conscience”, commonly known as political prisoners and it warrants political and diplomatic actions on the part of the governments involved and demands a compassionate release, urgently.
The petitioner said that Dr Aafia’s case is of human rights and requires fundamental fairness is a universally accepted fact and it cannot be termed irrelevant. She said that the respondents have admitted that in the case of the petitioner that maltreatment and abuse is continuously being done by the US authorities which are without jurisdiction. The Respondents contention is not substantiated by any material and concrete evidence. Only surmises and conjectures the respondents only assured to take efforts but never made any effort for the freedom or repatriation of the petitioner’s sister.
She further submitted that if the respondents have raised any official, tangible and proper concerns regarding Dr Aafia and written any material on this matter, the same should be brought on the file of his petition before this Hon’ble Court. She said that about the life and health or the condition of Dr. Aafia there is complete silence from the side of the respondents.
Dr Fowzia submitted that the Respondents have never disclosed any visit and report regarding petitioner’s sister in jail. They may be directed to submit the report and evidence of the efforts made by them. She submitted that the respondents malafidely, deliberately, intentionally, willfully, are not approaching the correct forum despite the guidance of American lawyers where they disclosed the right forum for the Mercy Petition which is the United States Pardon Attorney of Washington, but the respondents filed the Mercy Petition before the Warden of Carswell.
She said she has spent hundreds of thousands of dollars everything she and her family owned on legal experts and investigations and it was found that it is the indifference of the respondents; otherwise, if approached with a sincere will according to US senator Mike Gravel and former US attorney general Ramsey Clark Aafia would be back home in days. According to US officials they have suggested Pakistan enters the convention of inter American transfer of offenders’ treaty and can transfer Aafia within one month. She submitted that this Honorable Sind high court had already ruled in its favor and respected DAG had conceded to this but still no action has been taken.
The petitioner said she was misinformed that the treaty has been accessed instead they tried to enter the Council of Europe treaty, which Pakistan would never be allowed due to the death penalty. She said after filing of this petition, a respondent has called the mother of the petitioner at night without disclosing any effort or health or the condition of Dr. Aafia and assured to give further details in the next call but no proof of life is provided and the respondent never called again. There is complete silence from the side of the respondents.
She submitted that not a single effort has been placed on record from Pakistani Government and Pakistani Foreign Ministry for the healthcare of Dr. Aafia and they never visited or called Video Link for the wellbeing and life of Dr Aafia and they have not filed any report before this Hon’ble Court. She said recently, some ladies prisoners of Corona virus disease in the same Jail has died and in the same Jail there are 131 Corona Virus patients are present.
The Petitioner wrote hundreds of letters to the Respondents without any response. She further submitted that the statement that Aafia does not wish to talk or use the phone is absurd to say the least. The petitioner would like to remind the court of a similar incident last year in April 2019 when reports of Aafia’s release were imminent, when Foreign office spokesman said on record and reported in media that “Aafia does not wish to come home, so we cannot do anything”; however, the consul general Ms Aisha Farooqi had visited Dr Aafia and she had sent a letter for PM Imran Khan requesting release in November 2018 and categorically stated please get me out of the prison. She will sign any documents subsequently she had signed the Forms for her release.
She submitted that in the present corona pandemic, the first prisoner has already died in FMC Carswell where Aafia is incarcerated. In view of the foregoing, he respectfully prayed that this Hon’ble Court may graciously be pleased to allow the Petition as prayed which requires urgent consideration and hearing by this Hon’ble Court.
It may be noted that Dr Fowzia Siddiqui in her constitutional petition has prayed to direct the government of Pakistan to seek urgent release of Dr Aafia Siddiqui from a US prison on medical grounds.
In her petition, making the federation of Pakistan through Ministry of Foreign Affairs; Principal Secretary Prime Minister House; Ministries of Interior Affairs and Human Rights through their respective secretaries; and Consul General of US Consulate at Karachi respondents, Dr Fowzia Siddiqui maintained that a US Court illegally, unlawfully tried the case of Dr Aafia Siddiqui because Aafia was a Pakistani citizen and she was handed over to USA without any jurisdiction, forcibly and without giving her fair opportunity of trial, and later she was intentionally convicted for 86 years in prison without any justification and lawful reasons.