Lahore High Court Chief Justice Ijaz Ahmad Chaudhry on Monday observed that Pakistani courts do not have jurisdiction in America and no writ can be issued against the USZ authorities.Hearing a petition filed to seek impleading of the USZ government through USZ Ambassador to Pakistan as necessary part in the case against the practically non-existent diplomatic immunity to Raymond Davis, and leading his case to the International Court of Justice, the chief justice said the moot question was whether America recognizes jurisdiction of the Pakistani courts to accept their writ or our courts can issue writs against America.
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The Lahore High Court, Pakistan |
The answer is NO, the CJ remarked, adding there would be no use of impleading America as necessary party to the matter. The court said the question whether or not Raymond enjoyed diplomatic immunity had to be answered by the ministry of foreign affairs. The court dismissed as premature the petitions filed by Muhammad Azhar Siddique advocate. The petitioner on the other pleaded that efforts were afoot to take Raymond’s case to the International Court of Justice (ICJ) despite the fact that America in 2005 had given up jurisdiction of the international court. Therefore direction may be given to the authorities not to concede to any demand from the US or themselves take the matter to the ICJ as it would amount to circumventing jurisdiction of this court and facilitate release of the accused, the counsel said. The court, however, did not entertain these apprehensions at this stage of hearing and dismissed the petition as premature.
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