Let the law decide

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The widespread perception in Pakistan about Raymond Davis being an undercover agent rather than a diplomat has finally been vindicated. What appears now is that he was presented as a diplomat to overcome the difficulties being faced by the CIA in getting visas for its numerous personnel after Musharrafs exit who under a secret deal cut in 2006 had allowed the American spy agency to conduct clandestine operations in the country. Presumably, Prime Minister Gilani already knew the facts that were revealed by Western media sources on Monday. He therefore opted for the only sensible course available to him in the presence of a raucous opposition, a vigilant and assertive judiciary and a critical media by admitting in the National Assembly that the US and Pakistan were not on the same page on the Davis issue. While demands from the US continue for his release, it is by and large understood that the matter can now be settled only in the courts. This has led to two developments. For the first time, the US embassy has moved to engage a counsel to fight the case and the CIA has resumed drone attacks suspended since January 23, presumably done to avoid adding to public anger and thus creating complications for its detained employee.

The statement by the Prime Minister should remove whatever doubts existed about the governments stand. There is little ground left for an agitation or a march on Islamabad by religious parties on the plea that the government was preparing to set Davis free.

On Monday, Ambassador Cameron Munter called on minister of state for foreign affairs apparently to press the matter. The US would do well to concentrate instead on fighting its case in the court. A way out for Washington to seek Davis release is to take recourse to the Islamic law of Diyat. The law which was introduced under Zia, with the support of religious parties, allows a murderer to seek reprieve by making monetary compensation to the heirs of the victim provided they are agreeable to the offer. The families of the two Pakistanis killed by the CIA agent are already under pressure reportedly from religious parties who are persuading them not to forgive the killer and from other quarters pressing them to accept the blood money. There is a need under the circumstances on the part of the unrelated elements to stop interfering in the matter so that the heirs of the two murdered persons can make a free choice in case they receive the offer.