The Supreme Court on Monday rejected a petition seeking Dr Aafia Siddiqui's repatriation from the US prison, saying the case does not come under the apex court's jurisdiction. A three-judge bench headed by Chief Justice Mian Saqib Nisar resumed the hearing of Siddiqui's petition filed by her sister Fauzia Siddiqui. The apex court had earlier admitted the petition and heard arguments. Siddiqui had also submitted a report presented by the consul general of Pakistan in Texas.
The Chief Justice questioned how the top court of Pakistan can direct US authorities to repatriate Dr Siddiqui to Pakistan as it does not fall in the purview of a court in Pakistan. He rhetorically asked how Pakistan can issue order to a sovereign country, adding, "What will we do if the US throws out our order." Expressing his helplessness, the Chief Justice said that neither the court nor the interim government can do anything for Siddiqui's repatriation.
The top judge directed the petitioner to approach a US court to address the grievances. "We took up the matter only to know whether she is alive or not. It's learnt that she is alive and now we cannot do anything in this matter," he added.
Last week, a confidential report prepared by Pakistan's consul general after visiting Dr Aafia Siddiqui claimed that she was subjected to physical and sexual abuse during her ongoing detention. Consul General Aisha Farooqui visited Aafia at Federal Medical Center in Carswell, Texas. The report recommended diplomatic authorities to take up the case at the highest levels to find a way for her repatriation so that she can serve her remaining sentence in Pakistan where her modesty and privacy would not be interfered with.
Fouzia Siddiqui submitted the report of the consul general's May 23 meeting with Aafia. The report presented details of the miserable state of Aafia, and details of her struggles to protect her dignity, integrity and respect paint a different picture altogether.
It also recommended that a detailed note be sent to the US Department of Justice for an inquiry into the allegations of physical and sexual abuses Aafia spoke of. Farooqui also suggested a formal request to be made to the US Department of Justice to restrict male staff members into her unit and ensure her safety.
In 2010, a US court convicted Siddiqui, who was then 46-year-old, on charges of attempted murder and assault of US personnel in Afghanistan. She is serving an 86-year jail term at the Federal Medical Center, Carswell, in Fort Worth, Texas.
Last week, the United States said that Pakistan's Foreign Office contacted them over reported misbehavior with Pakistani convicted scientist Dr Aafia Siddiqui. According to the State Department, prisoners in America are dealt with according to the law.
Pakistan's Foreign Office had demanded investigations into a report submitted by Pakistan's consul-general in Houston, Aisha Farooqui, which spoke of abuse in jail. Farooqui met Dr Siddiqui on May 23. According to Farooqui, Dr Siddiqui complained about physical and sexual abuse by prison staff.