The additional district and sessions court for District West on Monday threw out a petition seeking the registration of a criminal case against US President Donald Trump, ruling that the plea was not maintainable under both Pakistani and international law.
Judge Ameerud Din Rana held that heads of state enjoy immunity under the Vienna Convention on Diplomatic Relations (1961), which precludes Pakistani courts from initiating criminal proceedings against an incumbent or former foreign head of state.
The petition was filed by a local citizen, Jamshed Ali Khawaja, through his counsel Barrister Jaffar Abbas Jafri, who contended that Trump's actions, particularly the ordering of a military strike in Iran, had adversely affected millions of people, including Pakistani citizens. The petitioner sought the registration of a case under Sections 124, 125, 126, and 228 of the Pakistan Penal Code (PPC), clarifying that he was not demanding Trump's arrest, merely the initiation of legal proceedings.
During the hearing, the judge asked the petitioner's counsel to explain the applicability of the Vienna Convention. In response, Barrister Jafri argued that while international law affords immunity from arrest, it does not entirely bar prosecution of heads of state.
He also objected to the presence of the government's legal representative, arguing that no formal notice had been issued to the state. The court, however, overruled the objection, stating that the law officer had been summoned to assist the court on legal points.
The government's counsel submitted that the petition was devoid of legal merit and argued that under both Pakistani law and international treaties, the US president is entitled to immunity.
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