Davis diplomatic immunity issue: LHC disposes of four identical petitions

The Lahore High Court on Monday disposed of four identical petitions challenging diplomatic immunity of double murder accused US national Raymond Davis and observed that if there was any certificate, it should be presented in trial court who would decide the issue of immunity.
The court passed these orders when federal government failed to produce certificate to ascertain his diplomatic status.
The court after going through replies by federal government, disposed of four petitions, ruling that accused Davis is in custody of trial court and his trial had already commenced so why the court should insist on submitting the said certificate?
Foreign ministry, replying to the petitions conceded that Raymond came to Pakistan on "official business visa". The petitions were filed by Asif Hussain, Ahmad Masood Gujar Advocate, Barrister Iqbal Jafree, Muhammad Azhar Siddique and advocate Rana Ilumddin ghazi against diplomatic immunity and possible handing over of Raymond Davis to the US.
Earlier law officer representing federal government informed the court Davis was a US citizen who came to Pakistan on an official business visa and the same was issued at the request of US government.
The Attorney submitted that the US Embassy had notified to Foreign Ministry the name of the accused as Raymond Allen Davis and no attempt had been made to alter the official record in this regard.
He contended that US embassy had approached Foreign Office on January 27 with a request to handover the accused to the US Consulate General Lahore as he was holding diplomatic passport.
He further contended that foreign ministry was not interfering in the investigation in anyway. He submitted that Vienna convention on diplomatic relations 1961 and Vienna convention of consular relations 1963 could be consulted regarding questions raised through separate pleas.
He added that the matter was already sub-judice and referred to the question of diplomatic immunity to Davis, by quoting an order of the LHC in one of petitions under consideration wherein the court observed-"The court has already taken cognisance into the matter, the investigation into the above noted criminal cases is going on and if any matter of immunity arises in future that can be determined by the courts of law". He said that Foreign Ministry was fully cognisant of its obligations under the constitution and supremacy of law.
However, the petitioner-counsel Barrister Iqbal Jaffree submitted that it was important to establish correct identity of the accused through lie detection test and other means because if his real identity was different then he could be prosecuted under the law. The counsel Muhammad Azhar Siddique contended that the government was obliged to submit a certificate under section 4 of privileges Act 1972 to ascertain whether Davis was a diplomat or not.
The counsel said that the government had not filed a reply so far on his petition challenging the privileges Act 1972.
After hearing arguments of all parties, the court ruled that the matter was pending before the trial court, therefore, it would decide the matter. The court while disposing of the petitions directed the law officer submits reply in the petition challenging privileges Act 1972 by March 29.