Saturday, April 2, 2011

Raymond Davis Saga and Bold Judgment

By BrigGen (Retd) Muhammad Aslam Khan, PhD

Raymond Davis has been acquitted by a lower court in Pakistan from the alleged charges of committing a felony in broad day light on a busy road in the provincial metropolis, Lahore. The shock decision has left the nation floundering in the deep sea of turmoil and anguish. The frenzy of debate about pros and cons has touched a new crescendo but is destined to die off. The tragic murders of Faheem, Faizan and Ebad were also ominous that swept our foreign minister, Shah Mehmood Qureshi, off his portfolio for his reticence in not yielding to the official stance and later lobbing a leading statement that Raymond did not enjoy diplomatic immunity. The statement was embarrassment for the U.S. as well as Pakistan. His post resignation discrete bitterness was palpable as he embarked on yet another imprudent phase of public discourse. Foreign policy is not a mob politics, a fact he utterly failed to reckon. The visiting U.S. emissaries paid him visits too to afford him a chance of rescuing his image and heal the dent caused to his vanity. However the damage had been done.

Within hours, we stood thoroughly polarized as a nation when government lost entire maneuver space for public diplomacy though it made several overtures that Raymond case was within the ambit of mutual diplomatic protocols. By implication, Pakistan pursued double track diplomacy. On one hand, it assured U.S. that the margin for return of the accused could be explored, even after allowing the law of the country to take its course. On the other hand, our Prime Minister led the campaign to dampen public angst, assuring that we would behave like a proud sovereign state and stand by the grieved families. It was a statement of several dimensions. Concept of sovereignty in globalized politics has under gone a tremendous adjustment but our masses were never educated about it at any stage.

The way Raymond gunned down the victims, was a clear illustration of his hubris. To top it all, U.S. Consulate rescue vehicle crushed Ebad to death in an attempt to reach beleaguered Raymond, adding fury to the fire. Public resentment further inflated to become a tsunami of hate, particularly after U.S. insisted upon release of the accused, flaunting his disputed diplomatic immunity card, when deceaseds’ blood had yet not dried up.

Pakistan government at provincial and federal levels took a marvelous stand at such a crucial juncture and let the legal formalities proceed by detaining Raymond in the jail who did not expect detention for a moment but had to face incarceration for several weeks. Yet under the barrage of media hype and threats from some intolerant segments of civil society, dispassionate opinion never surfaced that would have informed the masses that dispensation of ‘justice’ also needs conducive environments and restraining of emotions at least until the court’s verdict. Media failed to project a point that courts are not the bodies, which go by the public agitation to execute the accused summarily. Universal hallmark of the justice remains that a criminal be let off the hook for want of evidence once a while but never ever an innocent be dispatched to gallows.

On certain scores, we as a civilized nation have been out rightly the losers. The moment news flashed on the electronic media about acquittal of Raymond, reactionary sentiments swelled up to match Himalayan peak. In the wake of carefully orchestrated ‘threaten and scare’ campaign by some non-integral parties to the episode but with vested interests, no one was prepared to believe the impartiality of the judicial organ that goes by the norms of justice and not by the nefarious agenda or shenanigan. The fact is the victims’ dependents/heirs have accepted ‘diyat’ (compensation/blood money) while dropping murder prosecution and forgave him. Their act bears legitimacy from all angles and leaves no space whatsoever for protests from any quarter because the heirs availed their right the same way as they did while opting to lodge murder cases against Raymond. Unfortunately, in this land of pure, a draconian trend has sprung like a monster that any trigger happy person, disregard to his credentials has the authority to bring forth the charges and summarily execute the ‘sinner’ at his will. The silent majority is aghast and watches from the periphery. The other day, a woman who opted to seek her marriage dissolution from her husband was slaughtered within the courts premise in full public as well as police view because her husband thought that she was ‘wasting’ his/her time and he had expeditious ‘mode’ of justice to administer.

No one ever brought forth in the media the incidence of several deaths of the foreign dignitaries in alien lands including Pakistan when the norms of courtesy and diplomatic manners were never sacrificed. It was a harsher case in contrast but the way out has absolute backing of law. It would be ridiculous if one fumes from the den over government, Raymond, victims’ heirs or for that matter even over U.S. who secured his release after satisfying all legal and religious impediments. Not being content here, reportedly prosecution proceedings against Raymond have already commenced. In other words, U.S. has been truthful to its earlier pledge when it promised to conduct Raymond’s trial and sure, it is being done though after forgiveness by the victims’ heirs and payment of blood money, they have the margin to omit penalizing him. U.S. Ambassador in Pakistan, Cameron Munter did not celebrate Raymond’s acquittal but sought an opportunity to reach for soothing of the victims’ heirs’ ire instead. So did Senator John Kerry though none of them was obliged to do so at this stage.

Our sovereignty is too fragile and threatened even when a straw moves. Sovereignty is a term easy to use because it fills the mouth and sounds scholarly but scantly understood. Certainly, it endows tremendous status on a state but also encumbers it to measure up for several responsibilities to qualify for the ‘sovereign’ title. On the internal scene, persistent efforts to create a cobweb of intrigues and obfuscations certainly hindered the justice that our brilliant judiciary managed to obviate. A plethora of conspiracy theories, our visionary private TV channel anchors conceived while putting answers in others mouths through leading questions were deplorable. Media is obliged to expose the opposing opinions and views in tandem and helps intelligentsia to make the just choices. Unfortunately, it acted as a big stoker of public frenzy. An anchor also probed the myth of absence of Mian Nawaz Sharif, a prominent opposition leader and Mian Shahbaz Sharif, Punjab Chief Minister, on Raymond’s departure day to give it a mysterious twist. Perhaps at that very moment, Mian Nawaz Sharif was battling for his life under the surgeons’ care in London.

What forced the family to flee the country? Obviously, the incentives may have been U.S. visas, green cards and securing the huge trove of money, they received. However, extensive intimidation and incessant life-threatening bully by their so-called sympathizers have been the actual cause of their fleeing. The bereaved families’ dilemma was rubbished under the malignant cries of nationalism and false ego. No one made any effort to pry into the victim families’ miseries. They obviously exercised their religious as well as legal right to accept blood money but who would call it a justice when Damocles sword was hung on them not to patch up. It was sheer wrongful coercion. Only a handful of true sympathizers and the court rescued them from the dilemma. Talk of the town is that ISI; our supreme intelligence agency played its role. If that were valid, it did wonderful job. For the security fear and any possible backlash, the acquittal and whisking away Raymond and heirs of victims by a USAF plane was a very well synchronized event. Raymond has benefited in the process that he owes it to the magnanimity of the victims’ heirs. No one has any business to resent.

Good news is that we have seen yet another feather added to the pinnacle of our judiciary’s glory and there is glimmering hope of emancipation ahead. Bad news is that our print and electronic media are misusing freedom of speech card. The most powerful group among them, instead of cementing national harmony, tolerance and international consensus, works as an arrogant cartel to agitate the masses further and sponsors opinion blitz, which is dangerously schismatic.

The writer has doctorate in International Relations and an author of a book.(makni49@hotmail.com). Also available at www.presscode.gr, on Modern Diplomacy.

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