US terms Davis remand illegal

Judicial magistrate extends US national’s remand for eight days – US Embassy cries foul.

LAHORE/ISLAMABAD: As a judicial magistrate extended the remand of a US citizen accused of a double murder in Lahore for another eight days on Thursday, the US Embassy has come out and termed the continued detention “illegal.”

The Civil Judge-cum-Judicial Magistrate (Cantt courts) Muhammad Zafar Iqbal, however, did grant bail to Raymond Davis on charges of carrying an illegal weapon against surety bonds of Rs100,000.

On the other hand, the US Embassy took offence to the proceedings. “This morning, the American diplomat was remanded in court without notice to the US government, without his lawyer present, and without translation assistance. He was denied due process and a fair hearing,” said a statement released by the US Embassy.

For Thursday’s hearing, DSP Old Anarkali Safdar Raza Kazmi produced the accused in handcuffs. Davis was brought in an armoured vehicle from the rear door of the court amid tight security. As a security precaution, Davis was produced before the court at 7.35 am, an hour and a half earlier than normal court timings.

Investigation Officer Inspector Munir Ahmed sought further remand of the accused on the plea that police still have to ascertain the facts of the case. He said that the police had recovered the weapon used in the incident, a 9mm pistol, from the accused. He said that Davis was not cooperating with investigators and refused to answer any questions.

Ahmed said that Davis is unwilling to speak about his accomplices whose vehicle had crushed a third person to  death. “The arrest of other accomplices and recovery of the vehicle will only be possible on Davis’ pointation,” he said.

According to sources, Davis reiterated in court that he had killed the pillion-riders in self-defence and claimed he is entitled to diplomatic immunity.

The US Embassy also reiterated the same stance – in strong words. “The United States Government once again calls upon the Government of Pakistan to abide by its obligations under international and Pakistani law and immediately release the American diplomat illegally detained in Lahore. The US Embassy reiterated to the Government of Pakistan today that his continued detention is a gross violation of international law.”

In other courts

Meanwhile, the Judicial Activism Panel has filed a petition in a district and sessions court, challenging the hearing of Davis’ case being conducted before court timings and outside judicial limits under the pretext of a security risk.

Also, a writ petition was filed in the Lahore High Court (LHC), seeking directions that the government prosecute Davis for allegedly committing forgery.

Petitioner Barrister Iqbal Jafree submitted that Davis had obtained a visa under a pseudonym, which made the whole process doubtful and his visa stood cancelled ab initio (from the beginning).

Yet another petition was filed in the LHC, challenging the alleged special treatment being given to Davis.

Petitioner Advocate Ishtiaq Chaudhry submitted that the authorities were treating the accused as a guest. He alleged that the police produced him an hour earlier than the scheduled time to cheat the bereaved families and their lawyers.

FO’s vague stance

“Let me briefly say that on the Lahore incident, I am not in a position to comment on any aspect,” FO spokesperson Abdul Basit said. “Neither do I have any information to share with you at this stage when the matter, as you all know, is sub judice before the court.”

Basit repeated these comments several times when reporters asked him questions on the issue during a news conference – which was then called off as journalists decided to boycott the proceedings over Basit’s vague comments.

With additional input from Rana Tanveer and NewsDesk

Published in The Express Tribune, February 4^th, 2011.