The federal government on Tuesday informed the Islamabad High Court (IHC) that the US diplomat involved in killing of a motorcyclist has been 'blacklisted.' Deputy Attorney General (DAG) Raja Khalid told this to the court of Justice Aamer Farooq during the hearing in a petition seeking court's directions to put the name of US diplomat Colonel Joseph Emmanuel on Exit Control List (ECL) as he is allegedly involved in killing of a youngster in a road accident.
The DAG informed the IHC bench that the US diplomat could not be arrested as he enjoys immunity under the Vienna Convention. However, he added that the diplomat has been blacklisted. He stated that placing the diplomat's name on the Exit Control List (ECL) is a very lengthy process, adding that at present the US diplomat can neither be arrested, nor can his trial be taken place in the country.
The DAG also said that the Vienna Convention gives diplomatic immunity to the American military attaché so he can be tried only if his immunity is withdrawn. The court was also informed that the United States has been contacted on the issue of diplomatic immunity for Colonel Joseph. Then, the IHC bench asked the federal law officer to explain whether Colonel Joseph will be tried or punished under Pakistani or US laws. Moreover, the judge asked for an explanation regarding the Vienna Convention and diplomatic relations.
Later, Justice Aamer directed the Foreign Ministry to submit its reply to the court's questions regarding the issue of immunity and placement of the diplomat's name on ECL and deferred hearing for ten days in this matter. 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 (IG) of Islamabad Police, chief commissioner, federal government through 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 Stated of America who is currently employed in Pakistan as air defense attaché at US Embassy in Pakistan and nominated accused in FIR 168/208 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 signal on Margalla Road where Safe City Project cameras are functioning and since it happened during broad day light, vivid video footage of the accident is available. This video footage has been widely shared in the electronic media and social media.
The petitioner's stance is that 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.
He maintained that because the accident took place in heart of the capital city, traffic police officials reached the site immediately and recognized that the evidence showed that the accused is guilty of cognizable offences. 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. "It is significant to point out that the police officials did not subject the accused person to a "breath test" or made any effort to collect his blood sample or urine sample which would provide conclusive evidence about whether he was driving while drunk," said the petition.