LAHORE, March 1: Chief Justice Ijaz Ahmad Chaudhry of the Lahore High Court is taking up on Wednesday (today) a civil miscellaneous application which seeks to make the US government party to Raymond Davis case and a stay order against the US's possible approach to the International Court of Justice (ICJ).

Advocate Siddique has already challenged the diplomatic immunity to accused Raymond being claimed under Vienna Conventions of 1961 or 1963, describing them as in conflict with the Constitution of Pakistan and also the United Nations charter on safety and security of subjects of a nation.

The applicant stated that under the Constitution of Pakistan none of the constituents of executive, including the president and the federal government, was authorised to extend any type of immunity to its citizens or foreigners when such immunity includes risk to the nation of Pakistan.

He referred to various news items and reports in foreign media with respect to the US government's intention that it had withdrawn from Vienna Convention having protocol on access to diplomat. According to a news item the US had withdrawn from the optional protocol to Vienna Convention on Counselor Rights Proposed in 1963.

The applicant said the then secretary of state, Condoleezza Rice had informed UN Secretary-General Kofi Anan about her administrative decision to withdraw from the protocol in a letter of March 7, 2005. The applicant said America intended to move ICJ during the pendency of the current petition and there was possibility that either the US or Pakistan might take such action which could ultimately oust the jurisdiction of this court on the matter.

Therefore, Mr Siddique requested that in the interest of justice and fair play and to settle the issue, the government of the US be impleaded as necessary party to the instant petition through its ambassador in Pakistan. — Staff Reporter