ISLAMABAD: The interior ministry here on Tuesday informed the Islamabad High Court (IHC) that it had placed the name of Col Joseph Emmanuel Hall on the ‘black list’, imposing restrictions on him to travel outside Pakistan.
Deputy Attorney General (DAG) Raja Khalid Mehmood informed the court that the interior ministry had put the name of Col Hall on the black list, which was quite similar to the Exit Control List (ECL). Putting the name of a diplomat on the ECL was a lengthy process, while putting name on the black list was simpler, and the interior secretary was a competent authority in this regard.
The DAG said that under Vienna Convention, Col Hall had diplomatic immunity and the Pakistani authorities could not arrest, detain or prosecute him, but he could be investigated.
US Air Defence Attaché in Pakistan Colonel Hall on April 7, violating the traffic signal at Margallah Road, had run his vehicle over a motorbike where one Ateeq Mir died on-the-spot, while his cousin, the pillion-rider, was critically injured.
Muhammad Idress, the father of the deceased, had filed a petition seeking placing of name of the diplomat on the ECL and directions for the police to proceed in this matter in accordance with the law.
During Tuesday’s proceedings, Justice Aamer Farooq of the IHC asked the DAG that they would also have to see the Vienna Convention that what exemptions a diplomat has. The DAG said if the US government wanted to take up the case, Col Hall could stand trial. Later, the IHC bench put off the matter for 10 days, directing the Ministry of Interior, Foreign Affairs and Law to assist the court regarding Vienna Convention.
On the last hearing, the IHC bench had directed the Ministry of Interior to decide about putting name of the diplomat on ECL within five days. The petitioner, through Mirza Shahzad Akbar Advocate, had nominated US diplomat Colonel Joseph Emmanuel, SHO Kohsar Police Station, Inspector General (IG) Islamabad Police, Chief Commissioner, Federal Government through Prime Minister of Pakistan and Secretary, Ministry of Interior as respondents.
The petitioner stated that he was employed as a security guard at Islamabad Model College for Girls and he was also complainant in the FIR No 168/2018 at Kohsar Police Station.
That Colonel Hall is US Air Defence Attaché in Pakistan.
On April 7 at Margalla Road, Joseph hit the petitioner’s son, Ateeq Mir in a fatal accident. The petitioner’s son died on-the-spot while his cousin, Raheel Ahmed, suffered serious injuries. Raheel Ahmed is presently hospitalised but has regained consciousness and has provided eye-witness testimony regarding the accident.
That the video footage clearly showed that the petitioner’s son was killed on account of rash driving by Colonel Joseph and according to by-standers, the accused also appeared to be heavily intoxicated.
That on April 7, the police instead of registering an FIR as required by the law, just made an Entry (Rappat) regarding the incident. After incessant pressure from the media and from the complainant, Kohsar police finally registered an FIR against the accused.
Petitioner contended that federal government is empowered under Section 2 of the Exit from Pakistan (Control) Ordinance, 1981 to “prohibit any person or class of persons from proceeding from Pakistan to a destination outside Pakistan, notwithstanding the fact that such person is in possession of valid travel documents.”
The petitioner contended that the usage of the term “person” in the statute makes it amply clear that that power of the federal government to put persons on ECL extends to foreigners and citizens alike.
Petitioner prayed to the court that the federal government and the secretary interior may be directed to put name of Joseph on ECL till conclusion of the trial. Petitioner has also prayed that disciplinary proceedings may be conducted against those police officials who were responsible for the illegalities alleged in this petition.
