The Lahore High Court Chief Justice here on Tuesday directed to put the name of an American national double murder accused Raymond Davis on Exit Control List (ECL) and sought report till February 17 from ministry of foreign affairs. The court observed that not the Federal Government but the Court would decide the question of giving diplomatic immunity to the accused after looking into all attending facts of the matter.
The court was hearing four different petitions on the same subject of restricting to hand over US national, whose diplomatic credentials are subject to scrutiny. The petitions have been filed by Muhammad Asghar, Chaudhry Ahmad Masood Gujjar advocate, Arif Hussain Shah and Barrister Javed Iqbal Jafree. They sought direction that Davis may be put on the ECL and the government restrained from handing him over to US authorities on the ground of diplomatic immunity and a judicial inquiry be conducted through a panel of LHC judges.
On the charges of gunning down two motorcyclists, Faheem and Faizan on January 27, and keeping illegal firearm, two FIRs stands registered against Davis with Lytton Road Police Station who is in police custody on a six day physical remand. Another motorcyclist, Abaidur Rahman, also lost his life when a US consulate Prado Jeep, came to rescue Davis, ran over him. Davis was taken into custody on the spot while two others on the Jeep managed to flee to Consulate.
Davis claims he fired on the two in self defence after he was about to be targeted by them, and the US Embassy fortified by his plea coupled with his 'diplomatic' status, seeks his custody. However, the Pakistani authorities concerned have so far not agreed to giving him in custody of the US Embassy arguing, the matter was before the court and law of the land would determine his status.
Following court call, Advocate General Khwaja Haris Ahmad and the DAG Naveed Inayat Malik appeared last day. Khwaja told the court that the status of Davis as diplomat has yet to be ascertained and the government would accept its decision. He further informed the court that no record has been presented as to diplomatic status of Davis nor any formal request made for giving him to the custody of Americans under immunity law. The Federal Law Officer sought time to submit reply, which the court granted till the next date.



















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