LAHORE – A local court on Saturday released the detailed judgement of the Raymond Davis case. The text of detailed judgement stated that the case was fixed for framing of charge as copies of all documents stand delivered to the accused on February 25, 2011 and remaining copies of the documents at the request of the accused were delivered to him on March 8, 2011 both in English and Urdu.
It has been argued by the learned defence counsel that honourable Lahore High Court has remanded the matter at the question of immunity of the accused being Foreign Diplomat to be decided by this court but no such order of the Honourable Lahore High court, Lahore has been placed on the file through which the accused may have been allowed the immunity from the criminal jurisdiction of this court and on the other hand, Mr Abdul Samad, learned additional prosecutor general has placed on the file a copy of written reply made by federal government to the Honourable Lahore High Court, Lahore on March 14, 2011.
It showed that accused has not been declared immune from the criminal jurisdiction of this court by the Honourable Lahore High court, Lahore or by the Ministry of Foreign Affairs, Islamabad and as such the trial against the accused as held earlier vide order dated March 3, 2011 is to commence. There is sufficient material on the file to proceed against the accused with the trial of the case u/s 302 PPC. He does not plead guilty but claim to be tried and charge against him u/s 302 PPC is accordingly separately framed.
Two separate petitions have been made by the complainant Imran Haider while present in the court through his learned counsel Raja Muhammad Irshad, advocate Supreme Court assisted by Sardar Shabbir Hussain advocate, at which the complainant has been summoned who is present in the court and he acknowledges both the petitions made for compromise and accordingly Superintendent Jail Mr Mushtaq Ahmad is directed to summon the legal heirs of the deceased who were reported to be present outside the jail. Be put up after ten minutes.
Legal heirs of the deceased Faizan Haider namely Parveen Akhtar, Zahara Shahzad, Imran Haider, Usman Haider, Salman Haider,. Nazia Bibi, Asia, Zil-e-Humma, Shazia, Saima have appeared and made statements that they have received their respective shares from amount of Badl-e-Sulah, total amount of ten crore rupees on behalf of accused Raymond Allen Davis and they waive their right of Qisas against the accused and have no objection if the accused is acquitted of the charge.
Their affidavits are Mark-A to Mark-K/2 respectively. They further stated that they have made the statements without influence, duress, coercion and pressure or any threat. Similarly, legal heirs of deceased Faheem Shamshad, namely Shahshad Ali, Haleema Begum, Muhammad Saleem Shamshad, Muhammad Waseem Shamshad, Muhammad Jamshed, Muhammad Akram, Nazia and Mumtaz have also appeared with their affidavits Mark-A to Mark-H respectively and voluntarily have stated that they have received their respective shares from total amount under Badl-e-Sulah, ten crore rupees on behalf of accused Raymond Allen Davis and they waive their right of Qisas against the accused and have no objection if the accused is acquitted of the charge.
Their affidavits are Mark-A to mark-H respectively. They further stated that they have made the statements without influence, duress, coercion and pressure of any threat. As per statements of legal heirs of deceased, widow of Faheem Shahzad, Shumaila stands expired on February 6/7, 2011, having committed suicide, and was issueless. However, it was stated by the mother and father of deceased that Shumaila left behind her mother Musarat Bibi and a sister Ayesha.
As Shumaila Faheem was alive at the time of occurrence i.e. commission of murder of Faheem Shamshad so had she been alive, she would had got 1/4 share of Diyat amount of the deceased, and as she stands expired, so that legal heirs left by her shall succeed in the inheritance of deceased. The legal heirs of Shumila Faheem do not figure within the definition of Wali as defined by section 299 PPC, but would succeed from the inheritance of the deceased Faheem Shahzad.
The position being so, the said Musarat Bibi mother of the deceased Shumaila Faheem and Ayesha, sister of the deceased respectively are legal heirs, accordingly and accused is directed to deposit the 1/4 share of Diyat amounting to Rs 395,375/- with the court to be payable to the above said legal heirs @ Rs 197,687.50/- each as and when desired.
Accused Raymond Allen Davis was charge sheeted u/s 302 PPC at the murders of Faizan Haider and Muhammad Faheem Shamshad and after framing of charge, legal heirs of both the deceased have put their appearance and got recorded their separate statements and stated by unequivocal terms that they have received amount of Badl-e-Sulah as per their shares and waive their right of Qisas and compounded the offence with the accused and have no objection if he is acquitted of the charge.
They made their statements voluntarily, without duress or influence from any corner and each family of the deceased included the legal heirs have received an amount of 10 crore rupees as Badl-e-Sulah much in excess to the amount of Diyat which hardly was Rs 2.9 million for each deceased. The court is satisfied that the legal heirs have made their statements voluntarily and without coercion. There is no evidence on the file u/s 311 PPC against the accused.
Even the report u/s 173 CrPC is silent as to attract the provision of section 311 PPC regarding commission of Fasad-fil-Arz as the past conduct and previous conviction of the accused does not stand mentioned and even there is no mention in the report u/s 173 CrPC that the accused can be considered a potential danger to the community. There are some photographs of some sensitive places but the recovery of the same is not proved by any independent evidence.
The offence u/s 302 PPC is compoundable as enshrined by the injunction of Islam and law of the land. As per compounding statements of the legal heirs of both the deceased having waived their right of Qisas and compounded the offence in lieu of payment of amount of Badl-e-Sulah of 10 crore rupees by each family have no option but to accept the application made the complainant of the case who happened to be also one of the legal heirs of the deceased Faizan Haider and I acquit the accused of the charge against him u/s 302 PPC while proceeding u/s 345 CrPC read with section 310 PPC, subject to depositing of amount of Diyat Rs 395,375/- to be payable to the legal heirs of Shumaila Faheem (since expired during pendency of the case).
He is in jail, be released, if not required in any other case. File be consigned to the record room after completion. Muhammad Yousaf Aujla Additional Sessions Judge Camp at Central Jail, Lahore.
