ISLAMABAD: A murder case has finally been registered against the former CIA station chief in Islamabad, in response to a court order. However, the FIR is expected to be quashed and a fresh case registered in the Fata, because that is where the alleged crime, i.e. drone strike, took place.

The case was registered in response to a complaint lodged by Kareem Khan, a resident of North Waziristan on PPC 302 and 427 charges. The complainant demanded that an FIR be lodged against Johnathan Banks who is residing in the territorial jurisdiction of the Secretariat Police Station, for the murder of his son and brother.

The complainant stated that he is a resident of village Machikhel, tehsil Mir Ali, North Waziristan in Fata. He said that one night in 2009, at around 9pm, his house was attacked by missiles fired by an unmanned aerial vehicle (UAV) or drone.

He said the missile attacked a Hujra inside his house and his brother, son and a mason Khaliq Dad constructing a mosque in the village, were killed in the attack.

Police expected to quash FIR in capital

The attack also damaged his house. He stated that Jonathan Banks, the CIA Islamabad station chief, is responsible for the murder of his son and brother. “Jonathan Banks is running an illegal clandestine spying operation throughout Pakistan but specifically in North Waziristan, where Pakistan army is conducting an operation,” he stated.

He said Jonathan Banks and his abettors (names still unknown) throw a Global Positioning System (GPS) device at the targeted house and this is followed by an attack by a drone, operated from an undisclosed location.

The complainant stated that the names of those operating the drone are unknown but can be found out through the interrogation of Jonathan Banks or if he offers the names to the police.

“The CIA station chief is currently residing in and operating from the United States’ embassy in the Diplomatic Enclave, which is a clear violation of diplomatic norms and laws as a foreign mission cannot be used for criminal activity inside a sovereign state,” he added.

“According to press reports, he is on a business visa and does not have a diplomatic status,” he stated in the complaint.

He said that the accused may attempt to avoid the legal course and escape from the country so the interior ministry is requested to be contacted so that his name may be put on the Exit Control List.

According to the police, the Secretariat Police registered a report in their daily dairy on June 6, 2014 and all relevant documents were sent to the Fata Secretary and a report was sent to the Islamabad High Court. On April 7, the court issued orders to register the case.

The incident took place in North Waziristan, not Islamabad and there was no evidence, witness or dead bodies available for autopsy which could help the case. Since the order was issued by the Islamabad High Court (IHC), the police had to register the case.

However, according to the Police Rules’ chapter 25 section B(2) the police can registered a case under directives, quash it later and then send all the relevant documents to the concerned police station for registration of the case.

According to police sources, the Secretariat police plans to follow this procedure. Under the rules, a report regarding the quashing of the case would also be sent to the concerned court.

On April 8, the IHC directed the Islamabad Police Inspector General to submit a compliance report following the registration of an FIR (First Information Report) against the former CIA station chief Islamabad Jonathan Banks and his legal adviser John Rizzo.

Published in Dawn, May 1st, 2015

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