Raymond Davis release challenged in SC
Updated at 1015 PST Friday, March 18, 2011
Sohail Khan
ISLAMABAD: A constitutional petition, challenging the release of American national Raymond Davis, accused of killing two persons was filed on Thursday in the Supreme Court, praying for declaring the orders of release passed by additional district and sessions judge, Lahore illegal, unconstitutional and having no legal sanctity.
Maulvi Iqbal Haider advocate has filed the petition under Article 184(3) of the Constitution, making Federation of Pakistan, Government of Punjab, Home Secretary and Prosecutor General Punjab, Muhammad Yousaf Ojla, additional district and sessions judge, Lahore, Raymond Davis, the accused through American Embassy, Islamabad and SHO Police Station Lytton road Lahore as respondents.
He further prayed to the court to declare that the offence that was committed on January 27, 2011 within the jurisdiction of SHO, Lytton Road, Lahore by Raymond Davis in broad daylight at a public place was not trial-able before the additional district and sessions judge, Lahore as the offence was to be tried by an anti-terrorism court, thus the trial and order of the district and sessions judges court is void and has no legal effect.
The petitioner further prayed to declare that the respondents including Federation, Government of Punjab, home secretary and prosecutor general Punjab and SHO police station Lahore have failed to fulfill their statutory duties against the accused Raymond Davis in respect of his anti-state activities.
He contended that on January 27, 2011 the offence was committed at Qartaba Chowk, Lahore and resultantly two innocent Pakistanis namely Faizan and Faheem were murdered by Raymond Davis at a public place.
He submitted that the on March 16, the respondents, with mala fide intentions and ulterior motives, in connivance with additional district and sessions judge produced the accused before the court where the court framed charges against the accused and at the same time the legal heirs of the deceased submitted an application for acceptance of Diyat and gave their statements to forgive the accused and later the court without touching the jurisdiction point and other relevant laws including the Anti-Terrorism Act discharged the accused from the cases and ordered his immediate release.
The petitioner submitted that the accused committed offences which were non-compoundable and in case of waiver or compounding of offence in light of Section 309 PPC the conditions should be considered by the learned additional and district sessions judge but the learned Judge in connivance with the respondents ignored and avoided to consider the relevant law as well as the issue of independence of judiciary and released the accused without due process of law.
He contended that the Supreme Court of Pakistan is a guarantor to enforce the fundamental rights of the citizens and uphold all the provisions of the Constitution as Article 2-A, 4, 6, 9 14, 17, 18, 25 and 35 enshrine the rights of the citizens which are being violated by the respondents against greed, interest and protecting their personal gain by taking money and other benefits.
Raymond Davis