The Lahore High Court here on Monday reserved its judgement in connection with a petition seeking action against government for not approaching International Court of Justice (ICJ) for the release of Dr Aafia. Petitioner Barrister Javed Iqbal Jaffree submitted that the court had earlier directed the government to take action for the release and repatriation of Dr Aafia but it did not comply with court orders.
He said the court had also asked the government to move ICJ for the release of Dr Aafia but the government has failed to do so. He sought contempt of court proceedings against respondents for defying court orders. The federal government had taken plea that it can not move ICJ without seeking consent of America and Afghanistan.
A deputy attorney general also produced an international treaty in the court in favour of his argument. The government also insisted that Dr Aafia was not arrested from Karachi but the American forces picked her up from Afghanistan. However, the petitioner stressed that Dr Aafia was arrested from outside her Karachi's house and handed over to America by Pakistani authorities. On court's query he also submitted documentary proofs about the arrest of Dr Aafia from Karachi in 2003.
He said American CIA had arrested Dr Aafia from Karachi and her son was killed during her arrest. He said she was later shifted to America. In support of his argument regarding approaching ICJ he also presented a judgement of South African constitutional court that had ordered American court to stop trial of African national. The American Court had not only followed the order of African Court but also ordered repatriation of African national to his home country.
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