Response to The HBS Guy:
Which Raymond did.
Which Raymond did.
Which the Punjab Police did.
Which Raymond did.
Which the police did, but which Raymond could not produce. Raymond did not produce diplomatic ID. He only made an oral claim.
Does a local police station in Andheri Mumbai have a direct hotline to the Indian Foreign Office in South Block, New Delhi? And does the Indian Foreign Office have a system to respond within a few hours and confirm the identity of an individual? Do you know how these things work? Let me tell you. Police and "law and order" is a provincial subject in Pakistan. It falls under the control of the Provincial Home Department. Foreign Affairs is a federal subject falling under the Federation. A Station House Officer (SHO) of a local police station cannot contact the Foreign Office directly. He must must go up the chain of command. The matter ends up on the desk of the Provincial Inspector General of Police (IGP). The IGP cannot contact the Federation directly. He must go through the Provincial Home Department. Only the Provincial Home Department authorizes contact with the Foreign Office. Do you know how long this takes? More than a couple of days. I'm not even factoring in the time it will take for the police to get a legal opinion from its legal department.
All this time, what is the police supposed to do? Release a man who has shot dead two people on a street in front of dozens of witnesses?
Get real.
Wrong. Refer to answer to Question 6.
Wrong. Refer to answer to Question 6. Furthermore, even if your Foreign Office confirms that he is a diplomat, the police cannot release him if the matter is sub judice before an Indian court of law. You're overlooking the fact that Raymond was produced before a magistrate within 24 hours of his arrest and was remanded into police custody by the magistrate (in other words, he's in judicial custody, not in police detention). And if the Mumbai High Court has expressly ordered the police not to release him (which the Lahore High Court did today), then the police does not have power to release him.
You clearly have no idea about standard practices in Pakistan and I doubt if Indian practices would be much different in similar circumstances, especially in view of the fact that red tape in India is more extensive than in Pakistan.
1. You come to India.
Which Raymond did.
2. You kill two Indians.
Which Raymond did.
3. Police nabs you.
Which the Punjab Police did.
4. You claim diplomatic immunity.
Which Raymond did.
5. Police checks your passport and visa.
Which the police did, but which Raymond could not produce. Raymond did not produce diplomatic ID. He only made an oral claim.
6. Police contacts the Indian foreign office (which your Punjab police did not).
Does a local police station in Andheri Mumbai have a direct hotline to the Indian Foreign Office in South Block, New Delhi? And does the Indian Foreign Office have a system to respond within a few hours and confirm the identity of an individual? Do you know how these things work? Let me tell you. Police and "law and order" is a provincial subject in Pakistan. It falls under the control of the Provincial Home Department. Foreign Affairs is a federal subject falling under the Federation. A Station House Officer (SHO) of a local police station cannot contact the Foreign Office directly. He must must go up the chain of command. The matter ends up on the desk of the Provincial Inspector General of Police (IGP). The IGP cannot contact the Federation directly. He must go through the Provincial Home Department. Only the Provincial Home Department authorizes contact with the Foreign Office. Do you know how long this takes? More than a couple of days. I'm not even factoring in the time it will take for the police to get a legal opinion from its legal department.
All this time, what is the police supposed to do? Release a man who has shot dead two people on a street in front of dozens of witnesses?
Get real.
7. Police asks the Foreign Office to confirm your diplomatic immunity. (which your Punjab Police did not)
Wrong. Refer to answer to Question 6.
8. If Indian foreign Office says that you have diplomatic immunity, police let's you go. If Indian foreign Office says that you do not have diplomatic immunity, only then you are arrested.
Your police did not perform steps 6 through 8.
Wrong. Refer to answer to Question 6. Furthermore, even if your Foreign Office confirms that he is a diplomat, the police cannot release him if the matter is sub judice before an Indian court of law. You're overlooking the fact that Raymond was produced before a magistrate within 24 hours of his arrest and was remanded into police custody by the magistrate (in other words, he's in judicial custody, not in police detention). And if the Mumbai High Court has expressly ordered the police not to release him (which the Lahore High Court did today), then the police does not have power to release him.
This is standard practice. I'm not making anything up here.
You clearly have no idea about standard practices in Pakistan and I doubt if Indian practices would be much different in similar circumstances, especially in view of the fact that red tape in India is more extensive than in Pakistan.
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