IHC withdraws contempt notices against PM, cabinet in Aafia Siddiqui case

ISLAMABAD: The Islamabad High Court (IHC) on Monday withdrew contempt of court notices issued to the prime minister and members of the federal cabinet in the case related to Aafia Siddiqui, setting aside an order passed last year.

A four-member larger bench headed by Justice Arbab Tahir issued the written judgment, declaring that the July 21, 2025 order had been passed by a bench that was not legally constituted.

The court ruled that the single-bench decision dated July 21, 2025 stood recalled, observing that the case was heard despite not being included in the cause list and that the judge’s name was not part of the duty roster.

The earlier order had been issued by Justice Sardar Ejaz Ishaq Khan, who had served contempt notices to the prime minister and federal cabinet during proceedings in the case concerning the incarcerated neuroscientist.

In its judgment, the larger bench held that only the IHC chief justice, as master of the roster, has the authority to constitute benches. It stressed that only a bench formed with the approval of the chief justice has jurisdiction to hear a matter.

The court observed that no judge or bench can assume jurisdiction on its own, initiate proceedings, retain, transfer or take up any case under Article 202 of the Constitution and the relevant High Court Rules. Any objection regarding the roster or constitution of a bench, it added, may be addressed through administrative procedure.

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The judgment further stated that the chief justice is authorised to combine similar petitions to avoid conflicting decisions and may transfer a case to another bench at any stage to improve judicial functioning. The chief justice is not bound to obtain the consent of a bench before transferring matters under consideration, the ruling added.

Aafia Siddiqui, a Pakistani neuroscientist, was indicted by a New York federal district court in 2008 on charges of attempted murder and assault linked to an incident in Ghazni, Afghanistan, which she denied. She was tried and convicted in early 2010 and sentenced to 86 years in prison, where she remains incarcerated in the United States.