8/7/2019 Pakistan Can Court Martial Raymond Davis 04-03-2011
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Pakistan Can Court-Martial Raymond Davis
The Supreme Court can do this legally. Here s how. From The Desk
of: Dr. Syed Hamid Hussain Naqvi Subzwari
Chief Editor, AB Group of Multimedia, Dubai UAE
Diplomatic immunity cannot be extended to highly
criminal/terrorist cases; killing is not a small matterand hence no
one can be exempt regardless of diplomatic status, or the lack of
it. From the Pakistaniperspective, immunity cannot be considered
for those who kill Pakistanis without fear or remorse.
8/7/2019 Pakistan Can Court Martial Raymond Davis 04-03-2011
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The question to ask is: Can a Pakistani diplomat kill two
Americans on a street in New York City andexpect to get away? Would
he or she be given exemption and the murder is simply ignored?
There is no possibility someone would get away with this in
mainland United States, or for that matter inany sovereign
country.
Hence, next US ambassador Cameron Munter has the audacity to
demand freedom for Raymond heshould be told point blank to shut up
and let the law take its course. John Kerry should also be told
topack up and let the law prevail without hindrance or
interference.
NO CONFUSION
A clear-cut case has been confused because of weak elements in
the ranks that would do anything toappease the Americans. It s only
because of pressure from ordinary Pakistanis that agent Davis has
notbeen let off the hook despite attempts by the government to
appease the Obama administration.
What needs to be done going forward is as follows:
The constitution of Pakistan has a clause that allows the
Supreme Court to call on the Army forhelp because the army is a
part of the executive branch and bound to obey the court s order
underArticle 190 of the Constitution.
The Supreme Court should declare Raymond s case as highly
sensitive and one that has immensenational security implications,
for which the armed forces must be involved.
Once this is done the Supreme Court should direct that agent
Davis be given under Army custodyand tried under the Army act. It
should be noted that the army act has the provision to court
martialcivilians who wage war against the State.
This way the United States will get a clear message that
Pakistani lives are as precious as Americanones.
In case Washington stops financial aid, Pakistan should simply
close the NATO supply line. Within30 days the US will be on the
brink of a humiliating defeat and will return to us begging to open
theroute. The last time Pakistan did this for a few days and the US
ambassador was running aroundIslamabad like a headless chicken
pleading to open the supply line.
