The case of the Lahore shootings involving an American national gathered steam on Tuesday as the court slapped a restriction on any potential move by the government to hand the suspect over to US authorities based on his diplomatic status.
Ordering that his name be placed on the Exit Control List (ECL), the Lahore High Court (LHC) Chief Justice Ijaz Ahmed Chaudhry said that the court, and not the government, would determine the status of US citizen Raymond Davis – who the US claims is a diplomat – and whether he can be tried on criminal charges in Pakistan.
A confidential report authored by officials of the interior ministry states that Davis was visiting Pakistan in the capacity of a private US citizen.
Having placed his name on the ECL, the interior ministry has informed the foreign ministry that, as per their records, Davis had travelled to Pakistan on a regular business visa – and had said on his application that he was an employee of a private company working in Pakistan.
“Davis is an American citizen. He came to Pakistan on a business visa and did not enjoy diplomatic status,” a senior official of the interior ministry told The Express Tribune.
The interior ministry will give its findings, along with all visa documentation, to the foreign ministry and two deputy prosecutors general, who will submit the report before LHC on February 16.
The LHC has adjourned the hearing of the case dealing with Davis’ status till February 17 – by which time it has asked the foreign ministry to submit a report. A Lahore Judicial Magistrate, Zafar Iqbal, will take up Davis’ case tomorrow (Thursday), which is when Davis’ six-day remand expires.
‘Police favouring Davis’
Another petition filed in the LHC has challenged the investigation underway against Davis, claiming that the police was favouring the American national.
Imran Haider, brother of Faizan Haider – one of the two men shot by Davis in alleged self-defence in Lahore’s Qurtaba chowk – petitioned that, following the lodging of the FIR on his complaint, the police were not recording his statements, or those of eyewitnesses.
He complained that this indifference was hurting the case, and asked that a high-level investigation team be constituted to handle the probe.
It was also prayed that the LHC direct that Davis’ case be tried in the Anti-Terrorism Court (ATC), given the nature of the act which, he said, should include charges under the Anti-Terrorism Act.
Prosecutor changed
The Punjab government replaced the deputy prosecutor general representing the government in the Davis case.
Some officials, speaking on condition of anonymity, said that Rana Bakhtiar had been removed because he had discussed the case publicly. Two days ago, Bakhtiar had said publicly that diplomatic immunity could not be extended to Davis. Since then, he had been asked by the government not to give any more statements. On Monday, the Punjab prosecutor general told Bakhtiar that he would not appear before the court in the Davis case. The case has been handed over to deputy prosecutor general Abdul Samad.
Diplomats list
Secretary, Ministry of Interior, Qamar Zaman Chaudhry will likely preside a meeting today to scrutinise all visas of foreigners staying in Pakistan.
Senior officials of the Ministry of Foreign Affairs will be attending the meeting to discuss the crucial matter of diplomats’ visas, and sorting out who, in their records, is eligible for immunity.
Interior Minister Rehman Malik also categorically said that “all details of visas of American citizens will be handed over to Foreign Office officials.”
However, he did add that: “The central and provincial governments will not hinder the court proceedings regarding Raymond Davis.”
With additional input from wires
Published in The Express Tribune, February 2nd, 2011.
Correction: February 2, 2011
Due to an editing error, an earlier version of this article incorrectly portrayed information from a 2003 CNN report relating to former UN ambassador Munir Akram as recent. The text has been removed.
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