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High court: CJ refuses to hear Davis case appeal
LHC CJ Ijaz Chaudhry refuses to take up petition challenging the release of American national Raymond Davis.
LHC CJ Ijaz Chaudhry refuses to take up petition challenging the release of American national Raymond Davis.
LAHORE:
Lahore High Court (LHC) Chief Justice Ijaz Ahmed Chaudhary refused to hear a petition challenging the acquittal and release of Raymond Davis by a trial court on Friday. The chief justice referred the petition to another judge.
The petition was filed by Barrister Iqbal Jaffery. Jaffery said the trail court had acted in violation of Sharia law, as the widow of the deceased Fahim was opposed to pardoning Davis. “The widow committed suicide in protest against a possible forced settlement,” he said, adding that the trial court had acted hastily.
LHC chief justice has been accused in a section of the media of having prior knowledge of the Diyat settlement being effected between Raymond and the heirs of the deceased while disposing of the four petitions seeking a restraining order against his possible release by way of diplomatic immunity.
On Friday, the chief justice refused to hear the petition observing that he had already heard several petitions against Davis’s alleged ‘diplomatic immunity’. The chief justice referred the petition to Justice Iftikhar Hussain, who will determine ‘maintainability’ of the petition Jaffery has asserted that Davis’s release went against Sharia, the constitution and Pakistani law as he had committed the offence of fisadfil arz which was not compoundable. “Raymond was involved in espionage activities in Pakistan for the CIA. He could not be released by the trial court even after payment of blood money,” he said.Jaffery also said that all the legal heirs of the deceased Fahim and Faizan should be summoned in the court to record their statements in an independent and transparent manner.
Published in The Express Tribune, March 19th, 2011.
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Reader Comments (25)
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You cannpt expect justice from judiciary because in Davis’s case, judiciary is the real criminal.Recommend
CJ LHC cha gya hai…..ab CJP iss ka suo moto notice lein…aour bhugteinRecommend
Independent Judiciary. Let’s see what CJ Supreme Court do :)Recommend
hes gone. What a waste of time and space. if these people have the free time and resources to file cases why dont they use that time and resources to help out people languishing in jails for years only because they cant afford a lawyer?Recommend
Judiciary is the real criminal.
bcoz people are fears :/Recommend
You know what, this was suppose to happen. How come Pakistan can go against the United States wishes when we are receiving billions of dollars in aid from them. Our whole economy is dependent on it. If Pakistan could go against United States, Pakistan could have stopped the drone attacks as it is considered to be the attack on the sovereignty of Pakistan. I Ali Shekarfroush strongly appeal to Pakistani nation to concentrate on your economy, on your political and social issues first, if everything would go well, you will not have to worry about anyone and than no one will pressurize you. But right now, you must not hurt yourself with these protests because there is nothing much we can do about it. Develop yourself as a nation first, trust me no one will dare to see you in your eyes after that.
Regards,
Ali ShekarfroushRecommend
Gentlemen, drop scene of R. Davis issue was already suspected, which turned to be reality and we as a Pakistani have no face to show to the world.Recommend
What is the use of filing such petition.Recommend
Where is CJP? Why is he sleeping on this?Recommend
Sab ke sab mile hue hain. Army, ISI, judiciary and politicians. They are making fools of awam.Recommend
Haram khani ki adat par jai to gharait izatt koi mainay nahi rakhti.Recommend
Great Job done and the Legal Fertility is equally responsible.
this is the judiciary for whom we sacrificed and fight against dictator for nearly two years.
I agree these black coat wearers and also black from inside with no conscience at all they are just the sellers and brokers of JusticeRecommend
CJP. Sir. No. No. Noon ji narazz ho jaen gey.Recommend
Pak courts are the judicial wing of the Pak army/ISI to enforce their tyranny. The LHC is not much different from TTP. Mutilated bodies of Baluch are regularly dumped on the streets by the agancies. Have you ever heard any Pak court take even note of it ?Recommend
Few years back, when I was on roads bearing tear gas and police threats one of my near and dear friend said to me ” for which judiciary you are struggling for and wasting your time”. I replied to him ” the chief justice Iftikhar Ch. will give us justice and equality and for him we are struggling”.Now the chief justice of Pakistan and his judges are doing something which is against the wish and will of the Pakistani Nation. An American murderer has been released by our Government with out giving the facts to the nation and our chief justice of Lahore High Court has refused to hear this case. What a bold man he is? Perhaps my friend was right and depicting the true picture of about judicial system and I was wrong. But now we want a change in Pakistan and a revolution which will sweep all this elite class their systems and unjustified attitudes. Allah beniaz hai.Recommend
What?? is this a joke? Is this a reason for rejection of a case? funny pakistani judiciary… :)Recommend
Anything to keep the people focused on something they can’t control – god knows you don’t want them focusing on something they can control like kicking out the corrupt politicians or reforming government.Recommend
well why the hell this case is supposedly exposing Pakistani judicial fallacy ?
the people are going gaga over Davis …. where were they even those two young boys were ruthlessly murdered ? when the lawyers showered petals on Salman Taseer’s murderer ?Recommend
How can CJ of LHC take up this case. He knows that Mr. Rana Sanaullah’s “Tae da Puter” (first cousin) is CJ of SC and was intensively involved in these negotiations according to a leading tv channel report and we also know that all are closely related to “Takht e Lahore” whose rulers left the country on some medical check ups. These so called important in Judiciary are only following one point agenda “How to derail the whole system for some new system”. Their only blazing guns are towards all those parties which are against against PML (N). What a Shareef Judiciary which has now surpassed Dogar Courts from all given standards.Recommend
@Aftab Kenneth Wilson:
i agree Aftab , judiciay only targeting those parties and people who are against PML(N). Why no arrest of PML(N) MNA Anjam aqeel khan who admited that he did Rs 6 billion corruption in police foundation case and will return the money.he is free and Mo0nis ellahi whose name was not in NICL case but was draged in that case purposely by ZAfar quershi , you know who appointed Zafar qureshi in that case .Recommend
Azad Adliyya, huh?Recommend
@Ron(Indian):
This is not new to pakistan but universally accepted. This is judicial ethics. Copied from another site:
Sometimes judges may have to disqualify themselves because previous judgments given by them would cause litigants to doubt whether they would decide the case impartially. If a judge has made credibility findings against a particular party in one case, it would be wrong for that judge to hear another case involving the same party where that party’s credibility would again be in issue. The reason is that the judge would have a preconceived idea of whether the witness will tell the truth and the rule is that the judge must decide the case only on evidence before him.Recommend
People must realize that there is difference between justice and awarding a popular verdict. It is the job of a judge to base his decisions on facts brought before him not on public sentiments or news clippings. That’s where our mullahs are damn wrong!Recommend
There seems to be no difference between Dogar court and present, the only difference is that, Dogars reigns were in the hand of PPP, while present judiciary is being controlled by PMLN.
Remember the release of Davis, whatsoever you term it has severely wounded the sentiments of silent majority of the nation, and I fear perception about terrorist may not change again. God bless we all.Recommend
Punjab HC and SC of Pakistan are always idle and ready to pounce on any move by the government. In particular if it is to cleanse the constitution from dictatorial chanages or any administrative appointments. These courts have been sitting on all political cases against politicians for decades and not deciding them at all.
However, in case of Davis everything was decided in the court in one day. Now this free judiciary excused itself from the appeal. It it were to pressure the govt and gain more powers HC and SC would jumpt on this case!
There were many murders on May 12, Mush’s multiple acts of high treason, so many bombings but the “free judiciary” is not interested. These are not crimes or murders and must be ignored.
In the richest and most powerful large country like US, we cannot have more than 9 judges in the SC. However, CJ of Pakistan makes bench of 3 dozen judges and starts the case from there, thus denying the right to appeal. For political purposes the SC has become trial and appeal court all in one!
Mirza, USARecommend