IHC Rejects Proposal for Aafia Siddiqui-Shakeel Afridi Prisoner Swap

In a crucial hearing on Friday, the Islamabad High Court (IHC) made significant strides in the case of Dr. Aafia Siddiqui, the Pakistani neuroscientist serving an 86-year sentence in the United States for allegedly attempting to kill American soldiers. During the proceedings, the federal government informed the court that the idea of exchanging Dr. Siddiqui for Shakeel Afridi, a Pakistani doctor convicted of espionage, was not legally or diplomatically viable.

Additional Attorney General (AAG) Munawar Iqbal Duggal informed the court that there is no formal agreement between Pakistan and the United States regarding the exchange of prisoners. He stressed that both Dr. Siddiqui and Afridi are Pakistani citizens, and such a prisoner swap would not be feasible under international law or diplomatic norms.

The court was also presented with concerns over the petition filed by Dr. Aafia Siddiqui’s legal team in the United States, with the government expressing reservations about certain aspects of the case. Justice Sardar Ijaz Ishaq Khan directed the AAG to consult with the government and provide a detailed response to these concerns by the following Friday.

In the proceedings, Amicus curiae Zainab Janjua highlighted that Shakeel Afridi’s case is still under appeal in the Peshawar High Court. Afridi, who was allegedly involved in aiding US intelligence in locating Osama bin Laden, remains a key figure in the US-Pakistan diplomatic relationship. Dr. Fauzia Siddiqui’s lawyer, Imran Shafiq, reminded the court that Afridi was convicted for espionage, further complicating his potential exchange.

The government also responded to the lack of communication from the White House regarding Aafia Siddiqui’s case. Justice Khan raised concerns about the apparent diplomatic deadlock, questioning why Pakistan’s letters, including one from the Prime Minister, had gone unanswered by the US.

Aafia Siddiqui’s lawyer, Clive Smith, had initially suggested the prisoner swap, but the government’s rejection of this idea has left the case in limbo. The court has adjourned the hearing until next Friday, when the government is expected to provide a comprehensive response on both the objections to the petition and the diplomatic steps taken to address Dr. Siddiqui’s case.

The legal battle for Dr. Siddiqui’s release continues to highlight the complexities of US-Pakistan relations, with both Aafia Siddiqui and Shakeel Afridi’s cases at the center of a broader diplomatic struggle.