IHC scraps contempt proceedings against PM in Aafia Siddiqui case
A larger bench of the Islamabad High Court has withdrawn contempt of court proceedings against the prime minister and the federal cabinet in the Dr Aafia Siddiqui case, ruling that the July 21, 2025, order initiating the action was issued by a forum that was not lawfully constituted.
In a detailed judgement issued on Monday, the bench reaffirmed that the chief justice is the sole “master of the roster” and holds exclusive authority to constitute benches.
It ruled that any judicial proceedings must be conducted by a bench formed through the chief justice’s lawful authority.
The court recalled the July 21 single-bench order passed by Justice Sardar Ejaz Ishaq Khan, stating that the bench which issued it had not been legally constituted.
It emphasised that no judge could exercise jurisdiction unilaterally outside the established framework.
Last year, Justice Khan had issued contempt notices to the prime minister and the entire federal cabinet over alleged non-compliance with court directions in a petition filed by Dr Fouzia Siddiqui seeking the release of her sister, Dr Aafia Siddiqui, from a US prison.
However, the registrar’s office did not execute the notices, citing that the judge was not included in the duty roster approved by the chief justice. The registrar later recommended that a larger bench examine the validity of the July 21 hearing.
The larger bench ruled that any challenge to the roster or constitution of a bench must be raised through internal administrative procedures and cannot be resolved through self-initiated judicial action. The judgement also cited observations of US Supreme Court Justice Felix Frankfurter while elaborating on principles governing judicial authority.
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