Islamabad High Court Wednesday ordered the committee concerned to decide about placing the name of the US Defence Attaché Colonel Joseph Emanuel Hall on Exit Control List (ECL) within five days. Colonel Joseph allegedly killed a young man, Ateeq Baig, in a road accident on April 7. An FIR (68/2018) has been registered against him in Kohsar Police Station, Islamabad.
A single bench of the IHC comprising Justice Amir Farooq heard the case of placing Colonel Joseph's name on the ECL. SHO Kohsar police station and deputy attorney general (DAG) appeared before the court. Justice Amir questioned why the name of USA defence attaché has not been placed on the ECL.
The DAG informed that the Commissioner Office has sent the summary regarding the matter to the committee concerned. The SHO told the court that according to Foreign Office, Colonel Joseph has diplomatic immunity. Justice Amir remarked that in hit-and-run cases, police always first get alcoholic test of the accused, but police have spoiled this case by not carrying out the test.
Muhammad Idrees, father of deceased Ateeq Baig, filed the petition through Mirza Shahzad Akbar Advocate and made Colonel Joseph, inspector general of police (IGP) Islamabad, chief commissioner, federal government through prime minister, secretary interior and SHO police station Kohsar as respondents. The petitioner further requested the court to direct the federal government and secretary interior to ensure that the name of the accused is placed on the ECL and remains on it till the conclusion of the case against him.
He pleaded the court to direct the chief commissioner to submit a report to this court regarding the investigation and fate of similar incidents involving the death of Pakistani citizens by rash driving of foreign diplomats in Islamabad. The petitioner said the video footage clearly shows that his son was killed on account of rash driving by Colonel Joseph Emmanuel while according to bystanders the accused also appeared to be heavily intoxicated.
The accident took place in the heart of the federal capital; therefore, the officials of traffic police reached the site immediately and recognized that the evidence showed that the accused is guilty of cognizable offence. However, instead of arresting the accused, they allowed him to leave the site once he informed them that he was an employee of the United States Embassy in Islamabad.
The petitioner apprehended that the accused who had committed heinous offence in Pakistan is trying to leave the borders of the country in order to evade investigation by the police and trial under the laws of the country. He added that despite this, the federal government has not put the name of the accused on the ECL.