Trial court to decide about Davis immunity, rules LHC

The court held back its own ruling after the Foreign Ministry informed the court that Raymond Davis carried a diplomatic passport and was given official business visa but dropped short of confirming that he enjoyed immunity from prosecution on criminal charges under the Vienna Conventions.

“The case is in a trial court, it will decide on his immunity,” Chief Justice of LHC Ijaz Chaudhry said.

The chief justice made the observation and disposed of three petitions on the subject after Deputy Attorney-General Naveed Inayet Malik submitted a reply from the Ministry of Foreign Affairs which was required to certify whether Davis was entitled to immunity or not. The LHC questioned the ministry’s stance and said it was not being clear on the matter.

The Davis case has soured relations between Pakistan and the United States with latter insisting that Raymond Davis, believed to be a CIA contract 
employee, must be released immediately. The ruling by the LHC is likely to extend these tensions.

Former foreign minister Shah Mahmud Qureshi has said that he received conclusive advice from his ministry and concerned agencies that Davis did not have “blanket” immunity meaning he cannot escape trial in case of heinous crimes like murder under the Vienna Conventions and Pakistani laws.

Qureshi reiterated on Sunday that he was told Pakistan would lose American aid if Davis is not freed.

Davis, 36, shot dead two Pakistani youths in Lahore on January 27 claiming he fired in self- defence when they tried to rob him.

The US has been demanding his immediate release and repatriation but Pakistan government says the courts would decide his fate.

The High Court had been considering whether he had immunity while a criminal court is due to resume hearing on murder charges on Wednesday. If convicted, Davis could face the death penalty.

The court also asked the foreign ministry to submit a reply on a petition challenging applicability of Vienna Convention.

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