ISLAMABAD : The Islamabad High Court (IHC) on Monday restored the FirstInformation Report (FIR) against former CIA station chief Jonathan Banksand legal adviser John A. Rizzo, while declaring the transfer of the saidFIR to the Fata Secretariat “illegal”.
Justice Shaukat Aziz Siddiqui of the IHC presided over the hearingregarding the registering and subsequent handling of an FIR against theAmerican nationals, who allegedly masterminded drone attacks in NorthWaziristan , one of which resulted in the death of petitioner Abdul KarimKhan’s son and brother in December 2009.
In June 2015, the IHC had directed the inspector general of police (IGP)Islamabad to submit a compliance report after registering the FIR. Whilethe FIR was registered, the Secretariat police had transferred the case tothe Fata Secretariat, with Advocate General Mian Abdul Rauf claiming in2016 that the IHC lacks jurisdiction in the matter.
The transfer of the case to Fata irked the petitioner as well as JusticeSiddiqui, with the latter in Monday’s hearing not only declaring the moveas illegal, but also ordering the Islamabad Police to investigate Banks.
“When did the court order to register the case and then [ordered to]dismiss it?” Justice Siddiqui asked station house officer (SHO) NawazBhatti, who submitted an apology in his reply.
“To run away from your responsibility is unacceptable,” the judge remarked.“It is contempt of court that you sent the case away elsewhere despitecourt orders.”
“We can show our annoyance towards our own agencies but can’t dare questionthe CIA and Blackwater,” he added.
Deputy Inspector General Mirwaiz, defending the transfer, reminded thecourt: “The crime scene of the Miranshah drone attack is controversial.” Tothis, Justice Siddiqui responded: “Are air strikes inside Pakistan not aviolation of our airspace?”
The judge added: “The CIA station chief masterminded the drone attackconspiracy while sitting in Pakistan. That is why this FIR falls under ourjurisdiction.”
Directing the police to include Banks in its investigation, JusticeSiddiqui added: “If Aimal Kasi can be taken away from here, then why can’tthe former CIA station chief be brought back here.”
Kasi, convicted of killing two CIA employees in 1993, was executed in theUnited States in 2012. A team of American and Pakistani officials hadraided a Dera Ghazi Khan hotel to ‘arrest’ him in 1997.
Orignally published by INP