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.


Express March 19, 2011

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.


COMMENTS (25)

Mirza | 10 years ago | Reply 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, USA
Zahid Hussain | 10 years ago | Reply 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.
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