Releasing Raymond Davis

This is a cross post from COUNTER PUNCH published 18/3/2011

Why I Agree With Zardari

By YASMEEN ALI    

Lahore

The atmosphere in Pakistan is charged with emotions: fury at the release of Raymond Davis, the U. S contractor who killed two Pakistanis in cold blood. The government, especially the President, is coming under firing for “doing” this. A rally by Pakistan Tehreek-e-Insaaf  was organized in a few hours. All kinds and shades of experts are speaking 24/7 on the electronic media airing their views. Print media is working over time trying to prove the government is ineffective and the “deal” struck between the victims families and Raymond Davis is immoral, wrong, without justice.

Pakistan is being labeled as a “bargain basement”, ridiculed. Emotions aside, let us examine the facts:

Pakistan refused to accept the diplomatic status of Raymond Davis. In spite of the pressure on the Pakistan by the powerful executives of the U. S government, During a press conference in Washington, no less a person than Obama himself, said that the US official, identified as Raymond Davis, enjoys diplomatic immunity. “If our diplomats are in another country, then they are not subject to that country’s local prosecution,” Obama stated. The Pakistan Government did not back down! They did not cave in!

The case was registered as per law of the country, and the matter referred to the court. The entire nation, media, politicians, rejoiced. Pakistan had decided to stand up to The Power and go by the Law. Raymond Davis was kept in the Koth Lakhpath jail throughout the period of the hearing of the case.

The Court indicted Raymond Davis for double murder after rejecting plea for diplomatic immunity. This had made every Pakistani proud. There is faith in the justice system that has decided the case according to the tenants of law and not pressure, no matter how immense.

Then came disillusion. News broke out that the families of the victims have accepted “blood money”, Raymond Davis has not only been released but flown out of Pakistan, as have the families of the victims. The latter to USA.

Let us first explore the concept of “blood money” under which this was made possible. In the Qisas and Diyat Ordinance Section 315 is relevant in the case under discussion:

Section 315:Qatl Shibh-I-Amd.

Whoever with the intent to cause harm to the body or mind of any person causes the death of that or of any other person by means of a weapon or act which in the ordinary course of nature is not likely to cause death is said to commit qatl shibh-I-amd.

Punishment : whoever commits qatl shibh-I-amd shall be liable to Diyat [compensation specified in section 323, payable to the heirs of the victim by the offender, Eds] and may also be punished with imprisonment of either description for a term up to 14 years as ta’zir.

When we say ”may also” it becomes an option in law. Court may or may not add imprisonment as part of the punishment. In a  case where the victims forgive the accused after accepting diyat, the punishment will not accrue.

Here rises the question whether or not the families of victims were pressurized into accepting the diyat. This decision, is to be taken by  the free will of the heirs.

According to the lawyer representing the victims, pressure was exerted. However, to be admissible as proof this has to be certified by the concerned parties themselves and not by others.

The pressure could have been from either side, to accept the diyat and also by others not to accept diyat. Let us remember they were poor people with no contacts to save them from the repercussions of pressures or threats. Thereby, it made sense, for their own safety, to remove them to a place of safety from their abodes.

We, as a nation, need to make a focused decision. Do we want to accept the decision on the basis of law or on the basis of emotions? If our vote is for the former, then let us accept that the decision was taken lawfully. Yes, the speed with which all events took place; the court’s indictment, Davis’s release, his departure, has made politicians and “analysts”, play on the emotional pitch of their countrymen they understand so well.

A friend wrote to me, on the protests against Davis’s release:

“[As for]the  parties protesting, except for  the Pakistan Muslim League, no one gave the families any financial aid. They are just using this for their political gains. The special fund created by an advocate  with the help of AAJ TV got only Rs,49,000;this too from poor people. No rich person contributed any thing! What a shame. If the nation had contributed if not billions but  at least a decent sum; one rupee per person even then these protests would have been justified.”

What should have been questioned by politicians, media and the civil society, is not the case of diyat which is a perfectly acceptable Islamic option, but as to why, when Lytton Road police had put Davis’ arrest on record in the second FIR registered against him under charges of carrying an illegal pistol (Express Tribune February 3rd 2011), this finds no mention in the final analysis. All focus was on the murder charges and not on the offence committed by him against the State.

The case of Raymond Davis will have far reaching effects on the relationship of both the countries. For one, the world realizes that irrespective of the country of origin, a wrong doer will be nabbed and charged in Pakistan.

Second, after the arrest of Raymond Davis, Pakistan has began scrutinizing records of the Americans living in Pakistan and discovered several discrepancies, causing many suspected American operatives to maintain a low profile and others to leave the country altogether.

Extract from a  report by Express Tribune by Asad Kharal published Februray 23rd 2011:

“The foreign ministry states that there are 851 Americans with diplomatic immunity currently in Pakistan, of whom 297 are not working in a diplomatic capacity. However, sources at the interior ministry put the number of non-diplomats at 414. The majority of these ‘special Americans’ (as the ministry refers to them) are concentrated in Islamabad, with some also residing in Karachi, Lahore and Peshawar. Interior ministry records show that most of the “special Americans” live in upscale neighborhoods in Islamabad and Lahore, with smaller presences in Karachi and Peshawar.”

Third, this should be a lesson to Pakistan not to put all its eggs in one basket!

Yasmeen Ali is a lawyer  based in Lahore, teaching in a University.  See her site, http://pakpotpourri2.blogspot.com/

LINK:http://www.counterpunch.org/yasmeen03182011.html


 

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Comments

  • Latif  On March 18, 2011 at 7:28 pm

    Very balanced and CORRECT viewpoint. I entirely agree with you.
    Regards.
    Latif.

  • HH  On March 18, 2011 at 8:30 pm

    Succinct, authentic and instructive. I fully agree, what has been done
    was the most pragmatic way out, and legal due process was followed as
    it should have been. We needed to move on, instead of today’s protest
    rallies that are an attempt to throw the spanner in the works. Perhaps
    this was instead an opportunity to project to the world a positive
    aspect of sharia laws, that there was a way out available even to a
    murderer via deyat, unlike other conventional laws.
    A fine article by Yasmeen. Would you allow me to share it with other
    blogs ?
    HH

  • Husain Mian  On March 19, 2011 at 1:24 am

    AoA

    Yasmeen You have tried to make a case for the release Davis out of the entire article but you have left behind some basic questions.

    Diyat is paid in case a person is killed by someone who planned a murder. In Davis incident, there was no planning and the CIA operative killed both Pakistanis out of his anger, fear and frustration and following a rush of blood and an act in a spur of moment murder bid.

    Since this killing was a result of an indiscriminate firing at a public place, it falls under ‘fasad fil arz’ which is crime against humanity for which the state is complainant and not the affected families so they can’t get Diyat.

    Moreover, the state of Pakistan did not register a case of espionage against Davis as claimed by the officials time and again. The belongings of Davis also proved so but no action was taken and the spy was given a secret farewell for brutally killing Pakistanis.

    The judge also did not follow relevant laws vis-a-vis the illegal weapons possessed by the killer and he was given a red carpet good bye as he was an American who came to Pakistan as an under-cover agent but our shameless ruling elites sold all Pakistanis as well as the dead …

    What to say about those callous writers who are making last ditch efforts to justify this shameful disgrace … May Allah bless us all

    Regards

    Mian Abrar

    • Yasmeen Ali  On March 19, 2011 at 1:26 am

      Dear Hussain Sahib
      I have not tried to make a case for any one.Simply tried to separete emotions from facts. Trying to make a case implies working with a pre planned conclusion.
      And no, diyat is not for heirs of victims who are deliberately killed but also otherwise ie if a person runs over another in a car accidently.If you study the Qisas and Diyat Ord. you will find many KINDS of murders/killings detailed therein.
      Thank you for writing Mian Sahib.
      YAA

  • Nasim Hassan  On March 19, 2011 at 1:27 am

    The Raymond Davis case is only the tip of Ice Burg. The major issue is the nonstop killing of people by Drone attacks. Since the innocent people are killed as collateral damage, there are suicide revenge attack on Pakistani civilians.

    People in Pakistan have strong religious, ethnic and tribal ties. They see Pakistani State as a collaborator in killing of innocent people.

    So the basic solution is to convince America to stop the use of force. Smaller nations copy the powerful nation like everyone wants to act as Feudal in Pakistan. If America starts on the process of dialogue then smaller nations will follow it.

    Who is going to convince America? Here in Delaware, USA, we are trying very hard to convince senators and congressman to abandon the current policy.

    Nasim Hassan

  • Minhaj  On March 19, 2011 at 1:51 am

    YAA,
    Whether we agree or not, Raymond was a spy and was not tried as a spy, rather as a murderer. Even in this case, the family members were forced to settle to a lucrative resolution. Furthermore, we had put all of our eggs in one basket since a long time and are reaping the rewards, as we are headed towards a chaos, civil war and disintegration.
    May Allah be with us and guide us to the right path. Amen
    MAQ

    • Aslam Mughal  On March 19, 2011 at 3:44 pm

      You are absolutely right in this manner. The people who matter in this case i.e. The corrupt and devious Sharif brothers, Chief Justice, the COAS an out right idiot, and the PM. People like Sharif brother, the CJ are people with low morale, nothing was expected of them, but the COAS who knows exactly what goes on as far the drone attacks are concerned, innocent fellow Pakistanis are killed in the name of war on terror , should have stood up to the murdering Americans. he knew exactly what role Raymond Davis has in the disintegration of our Nation.

      And do not forget yet another evil, the Saudi rulers. GO back to the history. They have killed thousands of fellow Muslims when they drew out the Turks from Hijaz. In the early eighties, according to the UIN report both Saudi and Kuwait paid 47 billion dollars to Saddam to wage a war on Iran. In the recent case of Iraq, giving all popular support to USA to attack Saddam. Over a million peoples have perished in the name of change of the regime. Saudis played key role in bailing out Sharif brother , when Nawaz should have faced gallows. Same Saudis made a deal for his return and now they brokered a deal for Raymond Davis. One short visit by Robert Gates at the Bahrani rulers palace, and the next thing we see is thousand Saudi troops to safe a fellow US crony. It is not hidden that Saudis always play a dirty role to please their masters in Washington , doesn’t matter if thousand of fellow Muslims perish , as far no one knocks at their palace gates. But for how long

  • Parvez Amin  On March 19, 2011 at 1:58 am

    Yasmin’s article is informative and balanced – but it does not focus on the fact that many questions remain unanswered:
    * What was Raymond Davis’s mission? Do our people not want to know?
    * Who paid the diyat? Is it unimportant to who pays it? Does this not open the door to get anyone murdered as long as there is money to pay diyat?
    * If the government represents the will of the people of Pakistan, can they claim that they had no idea that people would object and acted against the will of those that ‘elected’ them?
    * Is it not appropriate for responsible incumbents to resign and beg forgiveness from the people, their masters?

    • pakpotpourri2  On March 19, 2011 at 2:55 am

      Dear Amin Sahib
      Thank you for commenting on my article. Please note one article cannot address every question owing to it becoming too long winded. For this a series of articles must be written.
      Reference to your questions raised, pertinent ones:
      -Davis was charged for murdering two and keeping an illegal weapon. He was not formally charged for being a spy to the best of my knowledge.
      -Diyat is a law of Pakistan. If the majority in Parliment disagree with the concept they may table amendments but so long the law exists, it will apply.
      -Your third question is without specific reference to a legal point of the subject.
      -It was Raymond Davis who was charged,not any responsible incumbents-whomsover they may be, as stated in your mail?
      Best
      YAA

  • FEL  On March 19, 2011 at 2:46 am

    YAA, a very logical explanation and I do agree with you to quite an extent.My question is why the judge who has given the decision in haste has gone into hiding or so called leave

    FEL

  • Javed Chaudhry  On March 19, 2011 at 4:30 am

    The message of this article by Ms. Ali seems to be barking up the wrong tree. The people are not demonstrating against the principle of diyat. The main objections that they have is about Davis not getting charged with espionage and his activities in terrorism against the state.

    A good part of the article explains the details of the provision of the Islamic law for the blood money and yet Ms. Ali has conveniently overlooked an important fact. During the final court proceedings, the lawyer of the victim families was held in the Prison superintendent’s office and some other lawyer appeared in the court to speak on their behalf. It seems that a special operational procedure was forced on them to get the desired result. It gives rise to a suspicion that the families may have been coerced to accept the deal which suited the Pakistani rulers to deliver to their masters in Washington what appeared to be more important for them than the security and the peace of their own country.

    Davis was charged with double murder and the illegal possession of the firearm only. Obviously, it was possible only if the army (ISI) had decided not to push for charging him with terrorism and espionage charges knowing that the possession of the fire arm charge can be taken care of with a small fine; Rs.30,000 in this case, and diyat would take care of the murders.

    It is more than obvious that the plans for this conspiracy had been put together quite some time ago. Perhaps the process of coercion of the victim families caused most of the delay to drop the charges for money.

    According to Hillary Clinton, the Americans have not paid a cent for the transaction. From others sources, it appears that the families were paid 2.3 million dollars and it is expected that the American will reimburse this amount for diyat. For more details, you can see David Ignatius article at the link below:

    http://www.washingtonpost.com/blogs/post-partisan/post/the-blood-money-deal-to-release-cia-contractor-raymond-davis/2011/03/16/ABwXtZe_blog.html

    The end result and the inference one can draw from Davis case is that the two governments, Punjab and central, the army and the judiciary have acted together hand in hand to ensure to every Pakistani that their country does not enjoy sovereignty and that Pakistan is nothing but a colonial state under the American imperialism. So, not much has changed since 1857.

    The articles admiring the incompetence of the government in their actions against their own country must be earning some brownie points.

    Javed

    • Yasmeen Ali  On March 19, 2011 at 4:31 am

      Dear Mr Chaudhry
      A great number are objecting to Davis being released.Period. That is what I have stated in my article. Why diyat is between two parties. They are not demonstrating for not charging him for espionage & I get all the press releases of political parties,NGO’s unsolicited.
      Since the article was for an international audience, the law was explained. If the lawyer was held, he knows better to file a complaint in the competent court of jurisdiction. Verbal words in media is not the solution. The families,I was told, were under pressure by BOTH sides, to accept & not to accept diyat.Again, a point stated in my article.
      Your sources are better than mine as I am not aware that Rs 30 thousand was paid for fiream charge(incidentally this charge was highlighted in my article)please elucidate by whom & to whom these monies were paid?
      Kindly note Javed Sahib, law does not & will not deal with “it was more than obvious” etc. It deals with facts.
      Wild accusations of “conspiracy” will not hold the day.
      It is a fact that when negotiations are in process between two parties, in light of threats as stated above, they are normally not announced for fear of a spammer and in this case serious hurt by those opposing to the heirs.
      You are at a liberty to believe what you want to believe.
      It is interesting to read that when we lose a match, it is “fixed” when we do not like an opinion, the writer is “paid off”. Fauzia Wahab, reading this one must be laughing up her sleeve!

    • Sadaruddin  On March 23, 2011 at 12:33 pm

      Mr. Javed is right. The people are not demonstrating against the Diyat law. The way the court decided each every issue in a hurried manner with hurried payment of Diyat in crores without any proper and open hearing of the case with adjournments as usual, all goes to prove that our provincial, federal and the agencies were all involved in this preplanned drama with the connivance of the judge to set the criminal free and also parcel him off to Afghanistan within hours. We have to please the Americans to receive their aid for our lavish expenditure set up.

      S. Sadruddin Hussain

      • Javed Chaudhry  On March 23, 2011 at 4:54 pm

        The discussion on this issue is being constantly pushed into a wrong direction. The major concern here is not what has been done and how it was manipulated. The real concern here is what was not done. Nothing was done to charge Davis for his anti state activities. Only the army (ISI) could have brought forward those charges, but they did not. The question is why? The concerned public would be forced to perceive that an element of duplicity was responsible to free Davis by hook or by crook in the interest of personal benefits for few.
        What was the parliament’s role in it? Did the parliament even know any thing about it? Perhaps not. Why is there a parliament?
        The parliament has passed resolutions against the drone attacks. Has any one paid any attention to it? Why not? How do the legal experts explain the continuous death and destruction being caused with drone attacks. According to many sources that is done with government’s consent. Which Pakistani law or international law gives them right to kill people in Wazeristan without justification. Why is Pakistani army in Wazeristan? Is this army action serving Pakistan or USA? Why is Pakistan a part of the American invasion of Afghanistan, who is benefiting from it, Pakistan or USA? Certainly not Pakistan.

        Javed

      • pakpotpourri2  On March 23, 2011 at 4:56 pm

        A lot of unrelated issues are being confused here-our perpetual problem.
        Following is submitted:
        1- If you look at your last mail & Hashmi Sahib’s it is categorically about what & how it was done.
        2- I agree with you regarding what charges were not brought about. However, let me share a rule,I ,as a lawyer always followed: there may be some charge I would LIKE to slap on to my opponent, I may have reasonable confidence he/she/they have committed the wrong. Unless & until it can be substantiated with irrefutable proof, it will not stand up in a court of law.Therefore,I will NEVER go for it. It is easy to place a charge but much more difficult to prove it.
        3-Parliament is a different organ on the State with different set of responsibilities. Are U suggesting they replace the judge & give a verdict? This is not possible. When a matter goes to the court,it is sub judice.
        4-Killing in North Waziristan is not part of the case bought against Davis.
        Let us try to read before we post out comments . The best way to do this,is to write but save in draft. Re-read after 15 minutes then send instead of dashing off in heat.Pointless.
        Best
        YAA

  • jawad  On March 19, 2011 at 4:37 am

    Constructive, honest and correct approach!

  • Ayesha Khan  On March 19, 2011 at 5:34 am

    A very clear and lucid article, I especially agree with what the friend wrote regarding financial aid to the victims families. I think the current hue and cry about Davis release is not so much for his act of murder but for the fact that he had been identified as a “spy”, an enemy of the State (and its people) yet no cognizance was taken against that (by the federal govt). And of course he was released by the fed govt’s active help, talk about serving their masters! And that is shameful.

    First of all there was no need to highlight the issue so much and make it a matter of national pride or otherwise. When almost all of us knew what the outcome would be. After all we are silent about the people and families daily being annihilated by foreign hands that have been invited by the State, i.e. the drone attacks and also other killings that are not even brought to our notice.

    I think this was a drama staged for a particular effect on CIA probably and once that was achieved, our “agency” “sorted” everything out. They were most likely “compensated” by the Presidential fund which probably had been filled by the US admin. Games and more games and so it will go on, until the people unite and as Ms Yasmeen rightly points out, we separate emotions from the real issues we face with this leadership at the helm of affairs.

    My question is: “Do spies have diplomatic status?”

    I don’t know who drives the idiocy of the electronic media, they always highlight the side issues.

    • pakpotpourri2  On March 19, 2011 at 10:04 am

      Media’s lack of social responsibility can be seen in the huge hype they created after the two motor cyclists were shot dead,that justice was not given. NOWHERE in the world, a murder case is heard & verdict awarded within a week.Result?The wife of one deceased,Shumaila,demented by her husband’s untimely death, in grief,a house wife unaware of procedure involved in murder cases committed suicide!
      Who is responsible?

  • Faisal Malik  On March 19, 2011 at 5:36 am

    They made a mess out of it……………and that too, in a hurry.

    and you are right, not very many people pointed the finger towards the spying terrorist being a state criminal too. as you said, all the focus was on the murder charges.

    they’ve ridiculed both the Islamic law, as well as the judicial laws of our country.

    i hear many arrested pakistanis here have lined up in hopes that once they pay around Rs. 20,000 or so to the court, they will also be allowed to roam freely once again.

    pathetic.

    shameful on our part………..both at civilian and military level.

    • pakpotpourri2  On March 19, 2011 at 10:01 am

      Like Ayesha correctly points out: our media always ignores the bigger picture!

  • Intellectus Motiva  On March 19, 2011 at 7:48 am

    why would anyone think that zardari was right is beyond me.
    1. what is the punishment for spying in pakistan?
    2. what is the punishment for entering the country under false id?
    3. what is the charge for opening an unregistered illegal business in pakistan?

    the author claims that the pakistan government didn’t back down, that is a complete joke. the pakistan government didn’t even get back up! so the case of murder has been solved by diyat. what about the investigation of the crime of spying, what about investigation of what his real name is? what about the investigation of his business? what about the allegations that he was in contact with terrorist groups in pakistan? this makes it american state terrorism! or did pakistan not back down from this either? the author in her response says she wants to separate fact from emotion, but then how come these facts weren’t addressed? if these facts were addressed by the government would zardari have released? but it doesn’t matter, because in this instance the author is in agreement with him!!!!!

    • pakpotpourri2  On March 19, 2011 at 9:59 am

      Dear Intellectual Motiva,
      Good points raised. however, one needs a series of articles to deal with so many angles,which one article cannot do. Thereby, I have restricted myself to the charges & impact on relationship of both countries.Categorically stated, is the point that Pakistan is scrutinizing the details of other Americans in Pakistan-this is not about one person but others as well.So if there is a check there- it’s something good that has come out of the affair.
      We must think long term.
      YAA

  • Munir Varraich  On March 19, 2011 at 9:56 am

    When there is a serious problem at hand, wisdom demands to find a solution. And when the problem involves inter/state relations, the solution needs to be found with solid legal grounds according to the law of the land. In Raymond’s case this was done.

    MAV

  • Qazi Obaid  On March 19, 2011 at 10:25 am

    I cant understand why people and religious parties and Imran Khan’s PTI is objecting on release of Davis.
    These parties have no standing in public cant win a seat .. they are actually gali ki party. Just to survive they make non-issue item issue.

    Family of decease got what they want and they are happy, govts, USA and Pakistan got what they want and tie are back to normal and financiable. Why public is bothered

    Cant we use our time for more constructive thing rather debating on a dead issue especially when we cant do anything.

    There are some ground realities.. why don’t we accept it and lkeave the thing as they are going. Even in the current scenario Pakistan is progressing with all this bad image portray by opposition party specially PML-N cause they know they even cant come next time and media cause they are not getting their due share

    • Arif Khan  On March 19, 2011 at 10:26 am

      Qazi Obaid is truly Correct Good work Qazi Sahib Arif

  • Waseem Haider  On March 19, 2011 at 1:54 pm

    Indignant pundits on TV are warning that terrorism and extremism may increase now that Davis has been set free. If they are right, it’s only because Davis was made into an issue of national honour. And you don’t have to look very far to find who encouraged that characterisation in the first place. Remember the Kerry-Lugar fiasco? One little statement from GHQ and on cue the political class, sections of the media and the public at large erupted. Honour-obsessed TV anchors and analysts have not liked the outcome of this saga and some are loudly claiming that qisas and diyat laws were not applicable in this particular case. Or the families have been pressurised and that Pakistan has not protected its sovereignty. Quite frankly, they will have to swallow the propaganda they have churned out and, for a change, answer for their ignorance of laws, international politics and history.

  • Nasim Hassan  On March 19, 2011 at 2:18 pm

    I believe Pakistan should move on and focus on the real issue. The release of Raymond Davis was decided in court and they understand the laws better than common people.

    The real issue is the attitude of American government that always uses a hammer to kill the flies.

    Nasim Hassan

    • Yasmeen Ali  On March 19, 2011 at 2:19 pm

      I agree Nasim Sahib. The comment by Mian Abrar is based on one writer(non legal)who wrote an article based on this mis projection. I have sent the writer copy of the Qisas & Diyat Ordinance. He is a friend.Needless to say,all is quiet on the western front.
      YAA

  • Inam Khan  On March 19, 2011 at 2:22 pm

    All these Americans are shown to be working in the Regional Office purportedly working to administer US Aid.These are actually local CIA offices.Why does US government require hundreds of these guys in Pakistan?It is easy to understand; to run a pro-America propaganda machine,to cause instability in Pakistan,to facilitate selection of targets for sabotage and find ways to take out our Nuclear Weapons.If that has become clear to you,you cannot say Zardari was right
    There was no need of arm twisting on a massive large scale and ram rolling the judicial process,making the whole process a mockery especially the judiciary.U’ve seen what their juducial system has done to Ajmal Kansi and Dr.Aafia.This has made our heads hang in shame.We feel Zardari and the government shd have made a respectable deal………………………………………………………….Inam Khan

  • Waheed  On March 19, 2011 at 2:25 pm

    Hi YAA,
    AoA, Just as I return back from Lahore I find this fairly analysed
    article. This is what an analyst be looking at, into future rather
    getting into present emotions and guiding the reader to contribute for
    our nation.
    Regards

  • Ahmed  On March 19, 2011 at 3:46 pm

    The decision of the acse as per islamic provisions may not be disputed but the mysterious ways are being criticised by all and sundry.It is all right that families forgave him after accepting blood money but where are families,why they are not shown on tv.why third man’s family was not considered.What happened to other raymonds in the country.How they will handle their intelligence for drone attacks.We are concerned on the killing of civialns in FATA by americans on the reports of CIA assets.
    AAS

  • A Malik  On March 19, 2011 at 4:41 pm

    Yasmeen
    It is not the sentiments that are engulfing the nation but for having been cheated. Yes the affected parties did not get much from the country men – but was there any appeal in a cogent manner by the media? by the NGO’S?? Has the nation not responded in case of earthquake( due to effective media projection especially by Fakhre Alam) and during the floods? We were waiting for the proceedings yet – when this ‘breaking news” hit our head.
    I am not aware of “dyat law” in Islamic jurispendence but is it also relevant in case of 302 – premeditated murder? or is it only for an inadvertant murder?? In a premeditated murder would it be that the murderers can get such a blank immunity?? If such be the case then would it not be for relatives of an old and a rich man to plan – that one of them kills him and the remaining heirs simply ask for a blood money – possibly a token one only?
    Later every one shares the booty! Could u please reconfirm the Deayt again?

    Again what about the espoinage charges? Was that discussed? It is good that you have snubbed the turkey fellow. Old habits are hard to die especially if the same are linked with some payment package.
    am

    • pakpotpourri2  On March 19, 2011 at 4:46 pm

      Sir
      I am attaching a link to the Ordinance if you like to study it. And yes, it applies to 302 too. Any amount mutually agreed is determined as diyat. Token or otherwise.
      Like every law, Diyat too can be misused.The purpose of the law was to avoid a chain killing.Head for head. This may go on for generations. So whereas Islam recognises the loss of a life,that is not undermined, it wants to focus on an end to violence.
      LINK: http://emed3.tripod.com/teaching5.htm
      Best
      YAA

  • Qazi Obaid  On March 19, 2011 at 4:59 pm

    We should focus on real issue rather on a death issue. Now beating the drum saying Raymond Davis was a spy, when Govt have not charge him nor anyone during the case raise this point although the Lawyer belong to Jamat-e-Islami… why now when he is out of country and there is no law then can bring him back.

    we should accept they won and proof that they are better then us cause they use our Islamic law to get him out

    Qazi Obaid

  • Inam Khan  On March 19, 2011 at 5:08 pm

    Our youth had been killed mercilessly in full public glare by an American Spy.Our ego has been mauled in front of the whole world.My heart cries deep down,we cdn’t even bargain the release of Dr.Aafia.I fully realise implications and consequences of annoying the only World Super Power but even Somalia wdn’t surrender so easily.Why have we?……………………….Inam Khan

    • Syed Wajahat  On March 19, 2011 at 5:09 pm

      In order to accomplish all that, one needs clout. The way one builds ones clout is to build a basis first.
      The nation lives mostly on donations from outside. Thus enslaviing itself to the influences from outside.

      Wishing has to follow with a desire to sacrifice and invest. In order to do that, all of us have to be in place
      pooling our knowledge for the benefit of the nation. Just sitting outside and writing to old boys club hardly accomplishes
      any thing.

      If you feel this deeply, establish an industry in the country, then continue too reinvest and propagate. Motivate
      your peers to do the same.

      Ego is not the issue, what is beneficial for the growth of the nation is the issue.

      Syed Wajahat Hussain

  • K. Bajwa  On March 20, 2011 at 4:03 am

    Ms. Yasmeen has summed up the entire episode in a manner most befitting a matured analyst. Those who are focusing on topics, e.g., ”Who paid Diyat, Sovereignty of Pakistan, Too Swift Court Procedure, Illegal possession of Weapons, Malafide Mission of US citizen etc obviously cannot envision the entire horizon and its complexities. Well meaning friends who have been emotionally hurt by the release of Raymond may like to think as to what other plausible solutions could have been exercised to squelch the oozing heat? Before bad mouthing the Army Chief the ISI Chief, the Foreign Office, the PM or the President (Like every one I also hold my personal opinion about them but it must not influence my opinion in analyzing this issue from factual angle) we should keep in mind that a net under water sees much more than a fisherman standing on the bank.

    To maintain a state of equilibrium between a Superpower and a mismanaged poor country that has not been able to pay wages to its employees for months is, LAANA HE JU’AY SHEER KAA’ Our Foreign Office may not be the best but remember what the NET sees the Fisherman does not.
    K. Bajwa

    • pakpotpourri2  On March 20, 2011 at 5:46 am

      Thank you Bajwa Sahib. You are correct about the emotional reaction that came with his release. I own to have felt some of it too. But when I dispassionately analysed the entire happening the pluses far out weighed the minuses on how the case was processed.
      YAA

  • Moin Ansari  On March 20, 2011 at 5:44 am

    Excellent article.

    My thoughts exactly

    ..but we need to hold the army’s and feet to the fire on tracking these bastards

    Ps: You may wan ask Counterpunch to correct “firing” to “under fire”

    Thanks and Best Regards,

    Moin Ansari MBA PMP ITILP LSSMBB

  • pakpotpourri2  On March 20, 2011 at 7:24 am

    Published in the Pakistan Observer 20/3/2011
    http://pakobserver.net/detailnews.asp?id=81913

  • Lovepeace  On March 20, 2011 at 7:25 am

    A good essay.
    Congratulations!

    Yours,
    A True friend

  • Pervez  On March 20, 2011 at 8:04 am

    Congrats YAA, a very balanced and objective article indeed

  • Bajwa  On March 20, 2011 at 8:05 am

    Yasmeen Ji:

    AA,

    In dealing with matters of international sensitivity opposition lobbys aggravate the situations by making volatile statements to arouse public sentiments to their benefit. However, most Pakistanis are not bold enough to face facts and mend their ways. The ground reality is that we are a bunch of cheats, bigots, criminals, dishonest, liars, as individuals. Yet, we have a beautiful, clean, innocent, proud looking face collectively.
    If that was not the case we would not have frequent suicide bomb blasts. The suicide bombers are the local people who sold themselves. It does not matter weather they sold themselves to Indians, Russians or Americans.

    Many videos are available on the Internet showing this very society where Muslim girls and boys dance to Qawali while a paraplegic, half naked hairy PEER Sahib dances, yells expletives and encourages the audience to bow to him individually by approaching him in the most respectful manner. This is indicative of an extremely sick society whose mind is governed by the PEER, MULLAH, VEDARA, CHOUDHRY, MALIK, KHAN, SHAH JI, You are a Lawyer and are well aware of the ills of the society. I wonder, why all of a sudden the same society turns highly GHARATMAND. We blame the West for practicing Double Standards. We are no less. TV Channels love to run talk shows where side-kicks of politicians curse the previous regime or opposition in non productive gibberish. We must stop cursing politicians, generals and establishment and start electing the right people as NATIONALISTS. We must stand on our own feet without borrowed crutches from the US. Of course then we can view the same scenario differently. We need to first deserve and then desire.

    We can’t even take out a peaceful protest. Damaging public and private property is considered essential practice by the ever increasing number of hoodlums in every province. A young woman cannot walk through Anarkali Bazaar without getting pinched innumerably by young and OLD horny Muslims. I wonder where does the GHAIRAT of the Pakistani Muslim Society pulverize then.

    Now coming to the decision to release Raymond. In deed the Government took the correct decision. If this decisions is not acceptable then what alternative versions does the society have? Any decision made by a sane mind has to consider, Diyat Law and our global strategic, financial, Treaties, MOUs and commercial interests with all the countries involved. Does the society comprehend these complexities?

    KB

  • Syed Raza  On March 20, 2011 at 8:08 am

    Very Interesting article !!

    The deleimma of this country is that we are the foolish citizen of Pakistan and all the so call leaders (who we call) either its PPP, PML-N, Army, ISI, Justice, PML-Q, Chaudris, Mullahs, Fazullo, etc… they are all one and working on personal and group interest..

    We the foolish citizen of this great country needs to understand what is our need of the time which is the inflation and good economy !!

    We as the nation need to come out on the road and fight for our right … enough is enough….

    In last these media need to be given a shut-up call.. as they are player of these so call leaderse citizen

    Now going back to Raymond’s case… ok he got clear on murder for blood money… but then what happen of him being the spy of another country doing spying in our country… where is our justice and so call agency of Pakistan and where goes the SOMO MOTO.

    180 million people and ruled by some 100+ corrupt non patriotic Bone Heads …need to wake up..

    A country with 180 million people can turn around the globle picture in terms of economic… If we look into all the countries presently in the growth mode are all with the big population like China, India, Turkey, Brazile, and new comer in the block are Indonesia, Egypt and African countries… why not Europe and USA.. Have these countries discover the natural reserve?.. no its only population which is the consumer… where as Pakistan it has population, agriculture, huge reserve of mineral, gold, gas but what is lacking is Patriotism…

    We need come out of our small box that we belong to either its business, burecrucy, forces, agencies, loyal political individual, media and start working for Great Pakistan….

    Long Live Pakistan

  • Salim Ullah  On March 20, 2011 at 10:38 am

    Excellent aricle Yasmeen Sahiba. Well done and keep it up.

  • Hamid  On March 20, 2011 at 1:26 pm

    Bone stuck in the neck.
    1. Most important, Raymond Davis was a spy, an agent working against the interest of the State. All those who allowed him to go, are guilty of violating the official secret act.
    2. Where are those 40 members of the family, there other relatives also dont know.
    3. From which account was this money paid, the US have officially refused to admit that, they have paid for Qisas or Diyat.
    4. Where are the charges of terrorism against Davis.
    5. Where is the FIR on possession of illegal arms.
    Now someone should ask the CJ, as to why is he not taking suo moto or has it now become hello
    moto. The Judge who had indicted Davis has gone on leave and cannot be found by the media.
    HQ

  • FM  On March 20, 2011 at 1:36 pm

    KB Ji
    Nice one but the manner in which it has been done is worse than what you have written.
    Why the Judge and heirs are missing from the scene. Security reason is OK They should be on telephone to say that they have opted on their own.
    Other question is what HQ has written. He was guilty of other offences more serious than murder.
    I object to two months punishment which was never announced——- All happened in four hours—– strange that is the bone of contention.
    Now a days Anarkali is safe , bye gone are the days when it used to happen. Some how this culture in Anarkali is history.
    YAA has written many things which indicate flaws in procedural handling but it is a fact that the eye was closed to make it easy in the times to come. Where are those two doctors who were used to prove that they were criminals. It is not an omission it was done purposely by the police under instructions.
    Well there will be no effects we will forget in few days and all Imrans and JIs Hameed Guls will also go to sleep after playing the duffeli? Not that they are dishonest. They are pitched against evil
    FM

  • H. A. Jafrey  On March 20, 2011 at 6:47 pm

    Dear Yasmeen Sahiba! AOA

    An excellent article. I fully agree with you. Raymond Davis had to be released and that was the most logical way of releasing him. I am also amused to read various comments, but nobody has paid attention to your last sentence.(Pardon me, as I am diverting from the main idea of your article)

    ” Third, this should be a lesson to Pakistan not to put all its eggs in one basket.”

    If you remember that I have been saying from the very beginning to change WestLook policy to EastLook. China, Iran, Turkey are natural and dependable allies and can make a stable and powerful block.

  • K. Bajwa  On March 21, 2011 at 12:27 am

    FM Ji.

    Thanks for your note. I certainly value your opinion. Of course I agree with you that a number of things were hushed up, the process was accelerated to an unprecedented speed. Legalities were bypassed and Procedures were jumped to meet the goal. The Sharif Braathraan left for UK. The PM also conveniently left for an insignificant country. The Judge went on long vacation after dispensing judgement. It remains ambiguous as to who paid the Blood Money. All these points are valid. However, non of them suggests any other version of solution than announced and implemented.

    If we review the events keeping sentiments aside, the families who had been deprived of the love, affection and the income of the deceased persons could never ever bring them back. The emotional and financial voids would persist. The Blood Money at least quickly filled the financial void. Time usually heals the emotional gash.

    While Raymond’s release caused an emotional set back to a number of Pakistani, we must not overlook the fact that this verdict restored the lifeline that was badly threatened. As I had stated earlier, what the Net sees the Fisherman does not. I know you have held sensitive positions that forbid you from divulging any information in the best interest of the Nation. Likewise the people who took this landmark decision also have been entrusted with responsibility to safeguard the interest of the Nation to the best of their ability under the given situation keeping in mind our financial, strategic, and defensive responsibilities.

    Comrade,

    KB

    • S U Turkman  On March 21, 2011 at 5:14 am

      Oh yeah Mr. Bajwa is right. ‘All Pakistanis have faced an Emotional set back’ that Killer of their Armed Robbers has gotten away because all Pakistanis love to be robbed by their youthful Armed Robbers everyday.
      .
      Who can give families, ‘who had been deprived of the love and affection’ of those Armed Robbers a Shoulder to sob on even after they got Rs. 200 million?
      The ‘income of the deceased persons could never ever bring them back’ those Armed Robbers so, they could rob us more. The ’emotional and financial voids would persist’ because Rs. 200 million is nothing. What can you buy with Rs. 200 million in Pakistan anymore?

  • S U Turkman  On March 21, 2011 at 1:59 am

    Yasmin is right. Spying Charge could not stick because fluent PashTo Speaking Davis was trying to infiltrate Taliban and Taliban are not officially a Pak Agency though they are on Pak Army Pay Roll.
    Nobody is talking about violation of International Law, Shriyah Law and Pak Penal Code by which Davis had killed those Armed Robbers in Self Defense. He could have been only charged for having Un-Licensed Weapon if that was not permitted.
    Davis was never in danger because Beggar Pakistan would have never wanted US Charity of Aid and Loans stopped. Pak Army was just trying to blackmail USA and it did not work so, it gave Rs. 200 million to Survivors of Armed Robbers without any permission from the President or Parliament since it owns Pakistan, not Pakistanis. Very simple.
    It was propagated that USA paid the Blood Money and Shriyaa saved Davis but USA has denied giving any Blood Money. Its just a game of lies and deceit. Finding out, now Taliban want that kind of money also for their dead brothers so, hell broke lose and Army got Resolutions against Drone Attacks passed in Assemblies except for PakhToon Khwah Assembly. Why?
    Because they hate Taliban and know the facts. They know, Drones are killing their Enemies, not them. They know, Pak Army and Taliban have been killing their brothers in Pakistan and Afghanistan.
    ———-

  • Laila  On March 21, 2011 at 3:49 am

    A very balanced write up without emotions and without detracting from the issue .
    EVEN if facts were different, That said, it is worth pointing out that given Pakistan’s dependence on the US, in particular for military aid, it was only a matter of time that Davis would have been released. Of course, this is not to deny the fact that America also needs Pakistan in the fight against terrorism and for maintaining peace and stability in Afghanistan and in South Asia in general, but it should be accepted that the balance of relations is tilted quite heavily in America’s favour. Had this incident happened between, say, China and America or even India and America, the result may have been different.

  • Rauf  On March 21, 2011 at 2:22 pm

    YAA
    You have given a very correct analysis on the issue.

    However, many people spoke of the unfortunate death of three young men, but no one
    dared to raised and pursue the issue as to what RD was doing in Pakistan.

    To know what RD was doing in our country and to get to know who were his contacts were
    far more important and had repercussions on State of Pakistan.

    Rauf

  • Nasim Hassan  On March 21, 2011 at 2:31 pm

    In this world powerful people and nations have always killed and destroyed weak people and nations.

    However it is evident that people who are smart live to fight another day while emotional people and nations lay their lives and gain nothing.

    All of us know that Aafia Siddiqui did not kill any American Soldiers but she received 86 years prison sentence while Raymond got his freedom in a Pakistani court.

    Now the basic question is what should be the cold and calculated response?

    In my opinion the continued imprisonment or hanging him would not have served the interests of Pakistan. So let us move to the roots of this problem and how to solve it.

    I believe a stable and peaceful Afghanistan is in the larger interests of Pakistan. Let us discuss the possibilities of such outcome.

    Nasim

    • Arif Khan  On March 22, 2011 at 10:33 am

      Nassem You are about the only rational Pak that that i have met in a long time… Arif

  • John Bose  On March 21, 2011 at 10:32 pm

    Raymond Davis killed two pakistani in his defence He thought they after him, than interesting to know one of the man was carying alive gun, I have a sympthy with victims family, it is to bad that victims familes were used by the Muhllahs and tried to run these innocent family in thier way, I am glad victims got some money from the USA but I wonder how many percetage poor vicitim will be getting GOD knows

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