Dr Aafia case can be referred to ICJ: LHC
Dr Aafia’s case can be referred to the International Court of Justice (ICJ) under ‘Pakistan Friendship and Commerce Treaty’ signed between US and Pakistan which allows citizens of both the countries to approach the ICJ without any state approval.
The Lahore High Court (LHC) observed this while disposing of petition seeking repatriation of Dr Aafia from the US and commencement of litigation for the purpose in the ICJ.
The Foreign Ministry was also directed to examine litigation in the ICJ and initiate that within thirty days if the court verdict favored it.
The court held that the then Islamabad High Court in its verdict in a petition for Dr Aafia had directed the Foreign Ministry to find ways and means, especially diplomatic channels, for repatriation of Dr Aafia and recovery of the minors, and, if they failed, examine filing of reference to the United Nations (UN) which had not taken any decision after the lapse of a long period.
The court also observed that the allegations of paying huge amounts to a panel of three American lawyers, Elaine Sharpe, Linda Morano and Charles Swift, who were hired to represent Dr Aafia Siddiqui’s case in a federal court of the US, for receiving kick-backs was based on assumptions and no proceedings could be initiated merely on such grounds unless some proofs were provided in support of the allegations, which for the time being were lacking and the petitioner might approach afresh, if he succeeded in providing any cogent evidence to supplement the said allegations.
The court also observed that the issues raised in this petition did not come within the domain of habeas corpus.
Before parting with the petition, the court also directed the authorities concerned to consider paying fee to the petitioner, who filed different petitions before the courts in the larger public interests.
The petitioner, Syed Iqbal Jaffari, had challenged the allocation of $2 million by the government for fighting case of Aafia through three lawyers in America and feared that the hard earned money of the nation would go to the pockets of some people and the needful would remain unachievable.
He said that the government laid aside such hefty amount for fighting the case while it did not bother to write to the ICJ spending a small amount to take up the matter.
He had prayed to the court for restraining the spending of the said amount on fighting and moving the ICJ.
SOURCE: Thenews.com.pk
