ISLAMABAD/LAHORE – A constitutional petition challenging Raymond Davis’ release was filed in the Supreme Court on Thursday, requesting that the orders given by the Lahore additional district and sessions judge be declared illegal, and unconstitutional. The petition was filed by Maulvi Iqbal Haider under Article 184(3) of the constitution, making the federation of Pakistan, the government of Punjab, the home secretary and the Punjab prosecutor general, Lahore Additional District and Sessions Judge Muhammad Yousaf Ojla, Davis, the accused through American Embassy, Islamabad and Lytton Road Police SHO respondents.
He requested the court to declare that the offence occurred on January 27, 2011 in the jurisdiction of the Lytton Road SHO by Raymond Davis at a public place could not be tried before the additional district and sessions judge as it fell under the jurisdiction of the Anti-Terrorism Court, adding that the trial and the order of the district and sessions judge was void.
The petitioner asked the court to declare that the respondents – including the federation, the government of Punjab, the home secretary, the Punjab prosecutor general and the SHO – had failed to fulfill their statutory duties against the accused Davis in respect of his anti-state activities. Meanwhile, a writ petition was filed in the Lahore High Court challenging Davis’ acquittal and release.
Barrister Iqbal Jafferi wrote in the petition that the trial court had acted in sheer violation of the Sharia as the widow of one of the deceased, Fahim, was not ready to pardon the accused. He said she committed suicide in protest against a possible forced deal.
He said the trial court had acted hastily casting doubt on the authenticity of their statements. He said all the legal heirs of both deceases Fahim and Faizan should be summoned in the court to record their statements.
