LHC for referring Aafia’s case to ICJ
LAHORE – The Lahore High Court has observed that the case of Dr Aafia Siddiqi’s repatriation and detention in America can be referred to International Court of Justice (ICJ) under ‘Pakistan Friendship and Commerce Treaty’ without the consent of US administration.
Justice Ijaz Ahmad Ch observed this while disposing of a petition seeking release of Dr Aafia from American detention filed by Barrister Iqbal Jaffrey. The judge, therefore, directed the foreign ministry to examine and refer the matter to ICJ and decide the same within one month from the announcement of the court verdict.
In his order the judge held that the then Islamabad High Court in its verdict in a petition for Dr Aafia had already issued direction to the foreign ministry to find ways and means, firstly through diplomatic channels for repatriation of Pakistani woman scientist and recovery of her minors and if they fail in their pursuit, examine filing of reference to the United Nations.
The court also observed that the allegations of paying huge amounts to American lawyers for receiving kick backs is based on suppositions and no proceedings can be initiated merely on suspicion unless some proofs are provided in support of the allegations, which for the time being are lacking and the petitioner may approach afresh, if h lays hand on sound and cogent evidence to supplement the said allegations.
The court also observed that the issues raised in this petition do not come within the domain of habeas corpus and those also involve factual controversy, which cannot be resolved without recording of the evidence and this is not permissible.
The court however before parting with the petition also directed the relevant authorities to consider and pay any fee to the petitioner who filed different petitions before the courts in public interests, if he is entitled under the rules.
The petitioner Syed Iqbal Jaffari had challenged the allocation of $2 million (Rs170million) by the government for pleading the 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 prayed to the court for restraining the spending of the said amount on fighting and moving the ICJ.
Petition admitted against a local bank.
The Lahore High Court has admitted a petition for regular hearing filed against the Muslim Commercial Bank by its former employees’ representative body, MCB Retired Executives Association, alleging that the bank is misusing their retirement funds.
The petitioners’ through their counsel A Basit contended that the respondent bank is committing irregularities in their funds and using the same for its personal purposes, while it was not also paying them proper profit against their funds.
They also prayed to the court to direct the respondent to ensure them for medical and other facilities.
The court, after hearing the petitioner counsel at length, admitted the petition for regular hearing and issued notices to the respondent for September 21.
SOURCE: Nation.com.pk
