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Print Print edition: 2011-03-18

End of Raymond Davis saga

Published Updated

The case of Raymond Davis, the CIA contractor who killed two young men on a Lahore street nearly two months ago, came to a dramatic end on Wednesday. The additional district and sessions judge hearing the case acquitted him ordering his immediate release after the legal heirs of the two men accepted blood money under the Qisas and Diyat, and pardoned the murderer.
Before the public knew it, Davis was on his way to the safety of US Bagram Base in Afghanistan, leaving behind a storm of public anger and dismay. While some political parties responded with widespread public protests (bigger protests are planned for Friday), accusing the government of a sell-out, severe criticism dominated popular television talk shows. The anger is understandable, because three precious human lives were lost and the wife of one of the victims committed suicide amid rumours that the government might use the cover of diplomatic immunity to let the killer walk free.
But there is much positivity in that the matter has been resolved through a proper legal procedure, although the law of Diyat mentioned in the Holy Quran with the directives of Qisas will generate some questions for plausible answers. These questions may include: What is the nature of Diyat? Is it a financial compensation for the loss suffered by the heirs of the slain, or is it the price of life, or something besides these two? Although the US government used all possible tactics, such as some Congressmen threatening an economic aid cut-off, Secretary of State Hillary Clinton's refusal to meet her Pakistani counterpart at an Afghanistan-related conference in Germany, and postponement of a scheduled trilateral conference on Afghanistan. President Obama publicly claimed diplomatic immunity for Davis, while Senator John Kerry, chairman of the Senate Foreign Relations Committee, travelled all the way from Washington to Lahore and Islamabad to seek liberty for his fellow American, holding meetings with all concerned.
Although, there are indications the federal government had initially wanted to let him go under the pretext of diplomatic immunity, hotly contested by others, it too had to bow down before public opinion. Finally things were apparently resolved as per the law of the land. Victims relatives received blood money as per the Diyat law.
As for the second case of illegal possession of arms, the court fined the accused. Critics though argue that this is not even a rap on the offender's knuckles considering that the offence carries a maximum punishment of seven years. But then it is the court's discretion to decide punishment depending on various factors. What is important in the context is that all legal formalities were fulfilled. It is unfair to criticise the court on this account. Notably, Raymond Davis was one of a large but unspecified number of Americans whom the Pakistan government started giving business visas a couple of years ago to carry out unexplained operations in this country.
Some of these people came to public notice when newspapers began reporting cases of police stopping vehicles with tinted glass windows and carrying gun-toting Americans. They had to be let off on high-level government intervention. Which means, gun carrying may be an offense for ordinary citizens; these people had permission from high on to carry them. Hence it is commendable that the court at least took notice of the legal violation and slapped a fine, no matter how light a punishment it might be. This decision too is important in establishing supremacy of law over some secret understanding that may have existed between the government and the US. It is now US' turn to fulfil its promise, extended by Senator Kerry, that Davis will not go scot-free for his crime, and that he would be tried in the US. Doing so is in US' own interest in terms of countering increasing anti-Americanism in this country.
It also needs to be noted that Raymond Davis affair was not restricted to a settlement between the victims' families and the killer backed by his government. Reports during the last few days spoke of the ISI and CIA negotiating the terms of the presence of men like Davis - reportedly there are hundreds of them in this country and the indictment of ISI chief in a New York court case related to Mumbai bombings. It would be helpful if the government tells the people the details of the renegotiated status of the other US agents in the country. That could dispel the impression some parties and individuals are creating of a sell-off.

Copyright Business Recorder, 2011

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