IHC questions US prisoner transfer

Islamabad High Court (IHC) has raised concerns over the transfer of detainees to the United States without a formal prisoner exchange agreement, as it heard a plea seeking the repatriation of Dr. Aafia Siddiqui.

During the hearing, the federal government submitted an application requesting the immediate disposal of the plea for Siddiqui’s release. The court issued a notice on the government’s application and sought a response.

Justice Sardar Ejaz Ishaq Khan questioned why Pakistan had handed over Daesh commander Sharifullah to the US despite having no formal prisoner exchange treaty.

Addressing the Additional Attorney General (AAG), he remarked, “You claim there is no agreement, yet a detainee was handed over without one.”

The court also referred to the Dr. Shakil Afridi case, stating that the government had been given an opportunity for in-camera proceedings regarding his possible transfer to the US, but its response had been unsatisfactory.

Justice Khan further observed that the government seemed eager to dispose of Aafia Siddiqui’s case, adding that such actions would be noticed internationally.

“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 asked.

The hearing was attended by petitioner’s lawyer Imran Shafiq Advocate, AAG Munawar Iqbal Duggal, Dr. Fouzia Siddiqui, and US attorney Clive Stafford Smith, who appeared via video link.

The court adjourned the hearing until next Friday while issuing a notice on the government’s application.

How did Dr. Aafia Siddiqui end up in Texas?

Dr. Aafia Siddiqui’s case began in 2003 after the capture of Khalid Sheikh Mohammed (KSM), Al-Qaeda’s 9/11 mastermind. Siddiqui, reportedly married to KSM’s nephew, disappeared with her children in Karachi, later earning the title “Lady Al-Qaeda” due to alleged links with Al-Qaeda.

In 2008, she was arrested in Afghanistan, allegedly carrying sodium cyanide and plans for attacks on US targets. During interrogation, Siddiqui reportedly wrestled hold of a US soldier’s rifle and attempted to shoot US agents, shouting “Death to America.” She was wounded in the process and later showed signs of severe mistreatment.

Siddiqui’s son was released in Afghanistan, while her other two children’s whereabouts remain unknown. In 2010, she was convicted of attempted murder in the US and sentenced to 86 years, though she was never charged with direct ties to terrorism.