Release challenged in apex court

ISLAMABAD/LAHORE - A constitutional petition challenging the release of Raymond Davis, an American national who killing two Pakistan citizens in Lahore, was filed on Thursday in the Supreme Court, praying for declaring the orders of release passed by the Additional District and Sessions Judge, Lahore illegal and unconstitutional. A petition against the release was also filed in Lahore High Court while the session judge has gone on leave. Maulvi Iqbal Haider Advocate filed the petition in Supreme Court under article 184(3) of the Constitution, making respondent the Federation of Pakistan, the Government of Punjab, the Home Secretary, the Prosecutor General Punjab, Additional District and Sessions Judge Muhammad Yousaf Ojla and Raymond Davis through the American Embassy in Islamabad and the SHO Police Station Lytton Road, Lahore. He prayed to the court to declare that the offence committed on January 27 in the jurisdiction of SHO Lytton Road by Raymond Davis was not in the purview of the Additional District and Sessions Judge as it was to be tried by an Anti-Terrorism Court, thus the order of the District and Sessions Judge is void being of no legal effect. The petitioner further prayed to declare that the respondents failed to fulfill their statutory duties against the accused in respect of his anti-state activities. He contended that on January 27, 2011 the offence occurred at Kartaba Chowk, Lahore two innocent Pakistanis namely Faizan and Fahim were murdered. He submitted that the on March 16, the respondents with mala fide intensions and ulterior motives in connivance with the Additional District and Sessions Judge produced the accused before the court where the court framed charges 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. Later, the court without touching the jurisdiction point and other relevant laws including the Anti-Terrorism Act discharged the accused and ordered for release. The petitioner submitted that in case of waiver or compounding of offence in light of Section 309 PPC, the conditions must have been considered by the learned Additional and District Sessions Judge but the judge, in connivance with the respondents, ignored and avoided to consider the relevant law as well as the issue of independence of the judiciary and released the accused without due process of law. He contended that the Supreme Court is a guarantor to enforce the fundamental rights of the citizens and uphold the all provisions of the constitution and as well as the existing law of the state as Article 2-A, 4, 6, 9 14, 17, 18, 25 and 35 enshrine the rights of the citizens which were violated by the respondents for greed and vested interest by taking money and other benefits. Meanwhile, a writ petition has also been filed in the LHC challenging acquittal and release of Raymond Davis. Barrister Iqbal Jafferi submitted in his petition that trial court had acted in sheer violation of Sharia law as widow of deceased Fahim was not ready to pardon Davis. He pointed out trial court acted in haste that had cast doubts about authenticity of their statements. He said all the legal heirs of both deceased Fahim and Faizan should be summoned to record their statements in an independent and transparent manner. He prayed the court to set aside trial court order. Meanwhile, Additional District and Sessions Judge Muhammad Yousaf Aujla who conducted murder trial of Raymond Davis went on leave on Thursday. As per court sources, Yousaf Aujla informed the District and Sessions Judge Abdul Waheed Khan about the trial proceedings and after that he went on leave for three days. Also on Thursday, Magistrate Anique who announced punishment along with a fine in case of carrying illegal weapon to Raymond Davis also met Judge Abdul Waheed Khan as both the judges informed Abdul Waheed Khan about the proceedings of their cases respectively.

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