ISLAMABAD – A petition was filed in the Supreme Court by Barrister Zafarullah Khan on Monday pleading that the accused American national who killed two persons in Lahore on January 27,2011, should not be allowed any kind of immunity. Filed under Article 184(3) of the Constitution, the federal and Punjab governments, Foreign Affairs and Interior ministries and Inspector General Police Punjab were made the respondents.
The petitioner sought direction to the government to act according to law based on constitutional provisions and prayed that the court of competent jurisdiction should give the accused fair trial per law of the land. The petitioner stated that on January 27, 2011, one Raymond Davis, an American citizen, claiming to be an employee of US Consulate, shot dead two Pakistani citizens in Lahore and another back up vehicle which came to rescue him also killed a motorcyclist when it entered a one-way road.
He said the back up vehicle escaped, adding that both the vehicles were driven under fake number plates and were carrying armaments. He said Raymond Davis was arrested on the spot and a case under 302 PPC was registered against him, adding that belated plea has been raised that the employee of the Consulate has immunity from prosecution because he is an employee on diplomatic mission in Pakistan.
He said the personal immunities differ from functional immunities of the diplomats and they do not have exemptions from the substantive law of the receiving state, adding that the signatories to the Vienna Convention Diplomatic and Consular Relations have acknowledged in its preamble that the purpose of the privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic and consular missions.
Diplomats have committed crimes many time, he said recalling last year’s incident of two Dutch diplomats carrying illegal weapons. Similarly, he said on June 23, 2009, American diplomats were caught carrying 4-M4 machine guns and four 9 mm pistols, but they were also released.
He said on August 28, 2009, two Americans carrying weapons were intercepted by the local police on Kashmir road near Peshawar Morre, Islamabad and their vehicles had fake numbers but they were allowed to go scot-free. The petitioner contended that the latest incident shows that the American should be given fair trial.
He said the Foreign office has also told the interior minister that American killer does not enjoy the status of diplomats and he is also suspected to be under cover agent. He prayed the court that accused American may not be allowed any kind of immunity which the American Embassy has arranged for him as after thought.
