LAHORE Pakistani courts would determine the question whether American national Raymond Davis and others enjoy immunity from being prosecuted on the charges of killing three citizens, say judicial experts. Davis and his associates are facing two FIRs on the charges of killing three persons and carrying illegal arms. Complainant in one of them is grumbling against the police for not inserting terrorist section under Anti-terrorism Act against Davis who according to him, for the killings at a public place. In view of the experts, Pakistans law has already taken cognisance of the matter after registration of the FIRs and the allegations put therein would be investigated according to criminal procedure of the country which has already been kicked off with production of the accused before the court of a magistrate which has given him in police custody for further investigation. All Americans are now accused under the Pakistani law so no question of invoking diplomatic immunity for a criminal and setting the accused free, some say, however with certain exceptions. The principle of law is, the country where the offence has been committed, should proceed with matter and try the accused, is the majority view. As to the question of diplomatic immunity, expert on the international law, Dr Farooq Hassan says in the instant case, Geneva Convention of 1963 would apply under which no immunity is available even to an ambassador for committing a serious offence (felony) and the same has been also mentioned in the American law itself. Hassan says there are serious doubts about Davis credentials as diplomat for the reason, he was reportedly, serving on non-diplomatic side at the US Consulate which is even below the status of US Embassy, hence further taking away from him the right to claim immunity. Moreover, he says, functions of a diplomat determine the question of granting him immunity and if he commits any offence which attracts the punishment of death or life term, no immunity is available to him. On the question of other two accused, who crushed another youth to death, and now taking refuge in the American consulate, Hassan says, the consulate in fact is giving shelter to criminals which in itself is an offence. According to Hassan, if the person concerned does not hand them over to the police for investigation the same may be expelled as persona non grata, for not obeying the law of the land. He said under the diplomatic norms, permission is not available even to a diplomat to carry firearm and move around without intimation to the authorities. International law expert Ahmar Bilal Soofi is of the view that the accused can enjoy immunity in case he is a diplomatic agent, primarily based in Islamabad. To a consulate member, he says, this relief is not available and since Pakistans law has seized of the matter, so it would be up to the court to decide immunity and also, at what stage the same would be available to the accused. All facts of the case, Soofi says, would however be determined through investigation. The jurist says it is discretion of the sending country, which America in the present case, to certify or give proofs that the person held is a diplomat and enjoys immunity which in turn, would merit respect from the host country. However, if diplomatic credential are missing about the accused, it would be for the Foreign Ministry of Pakistan to question why not the accused was carrying a diplomatic passport or granted a visa in that category and others relevant to his credentials, which in normal course, are shown to the host country at the time of arrival. Another judicial expert, Muhammad Azhar Siddique, also views against the availability of diplomatic immunity to the accused on the ground that his credentials are wrapped up in mystery and if the immunity for him is claimed by the US authorities, the matter would be determined by the court of law. Davis claims that he killed two youth in self-defence which means in order to save his life. And the story has again received another twist with the advent of two characters who have lodged two FIRs of mobile snatching against the deceased. As to this proposition, he says, they all relate to the merits of the case which would be determined during trial. And if before that, Pakistani authorities conclude to award immunity to the accused, they can withdraw the case, but because private persons are also complainant of the case, therefore, the court would decide the immunity question. Azhar says existing situation and law require the American authorities to hand over the other two accused otherwise they would be declared proclaimed offender (PO) whose arrest would be affected the time they come of the consulates premises. Courts to decide on immunity