FCC Halts IHC Contempt Case Against PM Shehbaz Over Dr Fowzia Siddiqui’s US Legal Support
February 11, 2026
ISLAMABAD: The Federal Constitutional Court (FCC) on Tuesday stopped the Islamabad High Court (IHC) from moving ahead with a contempt of court case against Prime Minister Shehbaz Sharif and federal ministers. The case is about their alleged failure to support Dr Fowzia Siddiqui’s legal actions in the United States for her sister, Dr Aafia Siddiqui.
A three-judge FCC bench led by Chief Justice Aminuddin Khan heard government appeals against the IHC’s decision to start contempt proceedings. The appeals also aim to overturn a May 16, 2025, IHC order that allowed changes to a petition related to Dr Aafia, nearly ten years after it was closed.
Additional Attorney General Rashid Hafeez represented the government, while Advocate Imran Shafeeq spoke for Dr Fowzia, who was also issued court notice.
Earlier, IHC Justice Sardar Ejaz Ishaq Khan had asked the PM and government to explain why they did not support Dr Fowzia’s legal efforts in the US.
The government said allowing petition changes was judicial overreach and broke the principle of finality in law by reopening a settled case after many years. Dr Aafia is serving a sentence after being convicted by a New York court.
Dr Fowzia had asked the IHC to protect Dr Aafia’s life and health, citing poor updates on her condition. The government argued that the court did not fully consider how the changes affect foreign policy, which is the executive branch's responsibility. It claimed the petition amendments were made with bad faith to keep the case alive.
In the new petition, Dr Fowzia asked the government to declare it must take all steps to free and bring back Dr Aafia. But the government pointed out it had already acted, including a formal October 2024 letter from the PM to the US president supporting Dr Aafia’s clemency.
A high-level delegation was also sent, and Pakistan tried to negotiate prisoner transfer treaties, which the US refused. The government said the IHC ignored important international laws like the Vienna Conventions on diplomatic and consular relations, which apply in Pakistan.
The FCC’s decision now blocks the IHC from proceeding until the appeals are decided.
Published in Dawn, February 11th, 2026.
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Tags:
Federal Constitutional Court
Islamabad High Court
Shehbaz sharif
Dr Fowzia Siddiqui
Dr Aafia Siddiqui
Judicial Overreach
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