ISLAMABAD – Without saying an outright ‘no’ to the US in view of a strong backlash and taking a middle ground, the government has skillfully conveyed to Washington a covert solution to the issue of Raymond Davis, a killer of two Pakistanis, suggesting that the matter can be settled out of the court as provided under Qisas and Diyat laws, which is part of the Pakistan Penal Code (PPC).
Reflecting what appears to be an understanding reached between Islamabad and Washington during US Senator John Kerry’s whirlwind visit to Pakistan and his meetings with top decision-makers, President Asif Ali Zardari, Prime Minister Yousaf Raza Gilani, Army Chief General Ashfaq Parvez Kayani and leader of country’s major opposition party, Nawaz Sharif took a popular position on the release of Raymond Davis, asking the United States to wait for the court decision.
A source told Pakistan Today that the suggestion to settle the matter out of court had been made after a detailed deliberation that issuing a certificate of immunity at this stage would be counterproductive as former foreign minister Shah Mehmood Qureshi had also said it publicly that Davis could not be provided blanket immunity and he would take this position in a court of law, if called.
However, the PM clearly came up with the option to settle the matter out of court to avoid legal complications attached with the question of diplomatic immunity to the American killer and offered this solution to US Senator John Kerry in a meeting between the two on Wednesday.
“Take into account the ground reality that the principal stakeholders in Davis’ case are the family members of those killed and the people of Pakistan … the expression of remorse and regret by the US over the loss of lives as well as the option of benefiting from the Qisas and Diyat laws should be considered to cool down the rising temperatures in the bilateral relations,” Gilani told Senator Kerry, reiterating that this was what he had also said earlier in the day while addressing the National Seerat Conference and in his interaction with religious scholars.
Gilani told Kerry that it was imperative that the Davis’ issue must not be allowed to make bilateral relations hostage and have impact on the partnership in the on-going struggle against terrorism and for restoring peace and stability in Afghanistan. “The superior court in Pakistan had taken cognizance of Davis’ case and had clearly ordered that the question of immunity to him, if it arises, will be determined by the court,” Gilani was quoted as telling Kerry.
Another source said Foreign Secretary Salman Bashir, who was present in the meeting, also explained the situation with the support of official record, international and national laws that Davis did not qualify to seek blanket diplomatic immunity.
Agreeing with the PM, the US senator said both countries had to carry forward the established relationship in the larger interest of international peace and stability.
He expressed deep regrets on the loss of lives in the unfortunate incident in Lahore but emphasized on the early resolution of this issue in the interest of continued strategic partnership between Pakistan and the US. “The US senator agreed with the PM on the need for utilization of diplomatic channels to help resolve the matter in accordance with the law,” an official said.
Similarly, the president also conveyed to the US senator the issue of Raymond Davis was not as simple as it was being portrayed. “It is a complex issue with several dimensions all of which had to be taken into account for an amicable resolution … we wish an early and amicable resolution of the issue,” presidential spokesman Farhatullah Babar quoted Zardari as telling Gilani.
The president also said the mutually cordial relations between the two countries should not be allowed to be sacrificed or compromised by predicating them on any single issue. “There is a need to proceed with caution and showing respect for sensitivities and sensibilities of all concerned,” the president said, adding that it was important for the two countries for the sake of mutual trust as the matter was before the court and Pakistan expected that its judicial processes would be respected.
PML-N chief Nawaz Sharif said the point of view of his party was very clear that Pakistan’s independent judiciary would decide the fate of Raymond Davis. “We respect our laws and want others to respect our laws as well,” he said while talking to the media after his meeting with the US senator. Asked if the Punjab government would help resolve the issue in accordance with the Qisas and Diyat laws as Gilani had suggested, Nawaz Sharif said he was not aware of any such proposal and in his opinion the Punjab government would not interfere in this matter to resolve it between the US and the aggrieved families.
“I was encouraged today in the meetings that I had in all levels of your government … we talked about the possibilities of strengthening our relationship … everybody that I talked to, talked about their willingness to work together, in unison, in order to put the incident of Lahore behind us, to find a way not to overlook it, to give it meaning, but to use it as a building block so that we all learn the lessons of what happened there,” Senator Kerry said in his departure statement.
Expressing satisfaction over his meetings in Pakistan, the US senator said: “I look forward in the next few days, hopefully, to finding ways that we all agreed on, that we can find in order to resolve this issue that’s in front of us … most importantly, everybody I met with agrees that we need to keep this relationship strong, that we can do a better job on all sides of making that happen and I look forward to returning to report to the President (Obama) and Secretary Clinton and others to talk about the ways in which we can move forward.”
