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Thursday March 28, 2024

Diplomatic immunity doesn’t include right to take life: IHC

By Faisal Kamal Pasha
April 19, 2018

ISLAMABAD: The Islamabad High Court (IHC) Wednesday observed that the diplomatic immunity does not include the right to kill Pakistani citizens and directed the Ministry of Interior to decide about putting the name of a US diplomat involved in a traffic accident on the Exit Control List (ECL) within five days.

US Air Defence Attache in Pakistan Colonel Joseph Emmanuel on April 7 violating a traffic signal at Margallah Road in the federal capital had run his vehicle over a motorbike where one Ateeq Mir died on the spot while his cousin was critically injured.

Muhammad Idrees, father of the deceased Ateeq Mir, filed the petition seeking to put the name of the diplomat on the ECL and directions for the police to proceed in this matter in accordance with law.

A deputy attorney general (DAG) told the court that the Islamabad chief commissioner’s office has sent a recommendation to put the name of the accused on the ECL. The IHC Judge Justice Aamer Farooq inquired that why the name was not put on the ECL then. The court directed the DAG to assist the court in determining that whether under diplomatic immunity, the name could be placed on the ECL or not.

Justice Aamer Farooq remarked that this was a hit and run case. In such cases, he said, the first thing is to administer alcohol test. The IHC bench inquired SHO Kohsar Police Station Khalid Awan that whether police performed alcohol test? The SHO replied in negative. The IHC judge remarked that had a Pakistani done this, the police while entering his vehicle would have tried to sniff the alcohol first. He said that seeing a foreigner white man and that too an American, the police officials surely had gone nervous. The bench said that the police by not performing the alcohol test has itself spoiled the evidence. The bench then inquired the SHO that whether the statement of the diplomat was recorded? The SHO read out a statement in Urdu and told the court that it was recorded when he was sitting inside this car. The court said why the police recorded the statement in Urdu. “Now he can reject this statement, saying that he doesn’t know Urdu,” the judge said. The SHO said they have sent details of the case to the Ministry of Foreign Affairs, requesting them to assist the police as per Vienna Convention. Further hearing will be on conducted on April 23.