DAVIS CASE – LHC CJ admits newspaper clippings in court record

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LAHORE – Lahore High Court (LHC) Chief Justice Ijaz Ahmad Chaudhry accepted an application to make foreign and local newspaper clippings about Raymond Davis’s activities a part of the court record on Wednesday. Advocate Muhammad Azhar Siddique presented clippings of various newspapers and internet material comprising of 225 pages. He submitted that Davis was involved in spying activities in Pakistan, which the US government itself had admitted. He said the entire press clipping must be declared to be a part of the record. The court adjourned the hearing till March 14.
‘US WITHDREW OPTIONAL PROTOCOL’:
Azhar referred to various news items in foreign and local media with respect to the US government’s intention that it had withdrawn from Vienna Convention having protocol on access to diplomat. He said according to a news item, US had withdrawn from the optional protocol to Vienna Convention on Counsellor Rights proposed in 1963. The petitioner said former US secretary of state Condoleezza Rice had informed UN Secretary General Kofi Anan about her administrative decision to withdraw from the protocol in a letter of March 7, 2005.
He said the US intended to move International Court of Justice (ICJ) in Davis case during current petitions and there was a possibility that either the US or Pakistan might take such action. He requested the court that in the interest of justice and fair play, the government of the US be made as necessary party to the instant petition through its ambassador in Pakistan.
‘NO NEED TO MAKE US A PARTY’: The court also accepted another application of Siddique requesting to rely on the photocopies instead of demanding certified copies. Azhar submitted before the court that it was necessary to make the US Ambassador to Pakistan Cameron Munter a necessary party in these petitions but the court said that their was no necessity to make the US government as a party. The judge held that it was the Pakistani government which will decide about Davis’ immunity.
‘NO IMMUNITY WHEN NATION AT RISK’: Siddique has already challenged the US-claimed diplomatic immunity to Davis under Vienna Conventions, describing them as in conflict with the Constitution of Pakistan and also the United Nations charter on safety and security of subjects of a nation. The applicant stated that under the Constitution of Pakistan none of the constituents of executive, including the president and the federal government, was authorized to extend any type of immunity to its citizens or foreigners when such immunity includes risk to the nation of Pakistan.