Islamabad High Court Friday directed the Ministry of Interior to decide about placing US diplomat Colonel Joseph Emmanuel's name on Exit Control List (ECL) within two weeks for allegedly killing a youngster in a road smash. A single bench of IHC comprising Justice Aamer Farooq announced the verdict which he had reserved on Monday last after hearing the arguments of both the sides. He ruled that the US diplomat does not enjoy "absolute" immunity.
In the 20-page judgment, Justice Aamer noted: "Since the 'immunity' from trial and punishment is not absolute and is only with respect to the courts of receiving State and a 'Diplomatic Agent' can still be tried for the offence in his country; therefore, one would conclude that there is no 'bar or immunity' qua the investigation of a criminal offence, meaning thereby that a 'Diplomatic Agent' can be interviewed by the Investigating Agency in the receiving State; however, the 'immunity' exists from arrest and detention. Moreover, 'Diplomatic Agent' is to be treated with dignity and these aspects have to be kept in view while conducting the investigation of the matter."
He added that in the present case, respondent No 2 (inspector general Islamabad police) in person reported that investigation stands concluded and report under section 173 CrPC has been filed before the competent authority. It is felt that police in instant matter, acted with undue haste and performed functions negligently.
"Naturally, the trial cannot commence because of 'immunity' enjoyed by respondent No 1 (Colonel Joseph). In this backdrop, the federal government can take up the issue with the government of the United States of America for waiver of 'immunity', in case, it wishes that respondent No 1 should be tried for the alleged offence(s) committed in Pakistan. Otherwise, a request can be forwarded to the government of United States of America for trial of respondent No 1 in the United States of America for the offences mentioned in FIR No 168 of 2018. In case, the government of United States of America refuses to try respondent No 1 or proceed further, the matter can be agitated before the competent forum for enforcing the terms of the Treaty, ie, VCDR and seeking remedies provided under the law, if any," read the judgment.
The IHC bench also observed in the verdict that though under the Rules of 2010, the federal government can place the name of any person on Exit Control List on the orders of a high court; however, since the matter is already pending before the competent authority ie the federal government, hence it is just and proper that the issue of placement of name of respondent No 1 be decided by it. Respondent No 6 (Interior Ministry) is, therefore, directed to decide the application for placement of name of respondent No 1 on ECL in accordance with law, especially in light of observations made hereinabove expeditiously preferably within a period of two weeks from the date of this order.
Previously, Deputy Attorney General Raja Khalid had informed the IHC bench that the Vienna Convention gives diplomatic immunity to the American military attaché so he can be tried only if his immunity is withdrawn.
The petition was moved by Muhammad Idrees, father of deceased Ateeq Baig, through his counsel Mirza Shahzad Akbar Advocate and cited Colonel Joseph, inspector general Islamabad Police, chief commissioner, the federal government through the prime minister, secretary interior and SHO police station Kohsar as respondents.
The petitioner stated that he is the father of deceased Ateeq who was killed by Joseph in a widely reported car accident which took place in Islamabad on April 7. He added that Joseph is a citizen of the United States who is currently employed in Pakistan as air defense attaché at US Embassy in Pakistan and nominated accused in FIR No 168/2018 lodged by the complainant.
He continued that till filing of this case, it is believed that he continues to reside in Pakistan but is busy trying to flee the country. He added that since the accident took place at a traffic signal on Margallah Road where Safe City Project cameras are functioning and since it happened during broad daylight, vivid video footage of the accident is available. This video footage has been widely shared in the electronic media and social media.
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