ISLAMABAD: The Ministry of Interior on Tuesday informed the Islamabad High Court (IHC) that US diplomat involved in the killing of a motorcyclist and injuring his pillion rider in a traffic accident had been placed on a blacklist to restrict his travelling abroad.

The ministry also submitted a report on restricting the movement of Col Joseph Emanuel Hall to the court during the hearing of a petition seeking inclusion of his name on the exit control list (ECL).

In reply to a question from the court, the counsel for the federal government said the ECL and the blacklist were identical.

He said since it was a matter of urgent nature the name of the diplomat had been added to the blacklist to save time, and place immediate restriction on his travel out of the country.

The court, however, reminded him that the federal government should keep in mind the conditions mentioned in the Vienna Convention.

The Vienna Convention on Diplomatic Relations of 1961 defines a framework for diplomatic relations between independent countries.

It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or harassment by the host country. This forms the legal basis for diplomatic immunity.

Since the convention grants Mr Joseph diplomatic immunity, authorities in Pakistan cannot arrest, detain or prosecute him. However, he can be investigated.

The counsel said if the US decides to take up the case the suspect can stand trial and/or face a court martial in his home country. However, if his diplomatic immunity is recalled by the US, he can be prosecuted in Pakistan.

The court also sought a report from the Ministry of Foreign Affairs and adjourned the hearing to the first week of May.

Justice Aamer Farooq had last week sought a report from the interior ministry on placing the diplomat on the ECL.

On April 7, the US diplomat jumped a red light at Daman-i-Koh Chowk and hit a motorcycle. As a result, two motorcycle riders suffered injuries and later one of them identified as Ateeq Baig died.

The father of the deceased filed a petition in the IHC seeking inclusion of the US diplomat on the ECL.

CCTV footage of the Safe City Project showed that the diplomat drove a white Land Cruiser at a high speed and violated the red signal before hitting the motorcycle.

Published in Dawn, April 25th, 2018