Delhi High Court United Nation not State under Article 12

Delhi High Court: United Nation not State under Article 12

Versha Bhatt Comments 0 June 17, 2019

In a recent judgment, the Delhi High court (HC) ruled that United Nations Organization (UNO) is not ‘State’ in terms of Article 12 of the Indian and thus it is not amenable to its jurisdiction under Article 226. The Delhi HC judgment adjudicated the petition filed concerning immunity enjoyed by UNO under United Nations (Privileges and Immunities) Act, 1947. The plea in the case is filed by a former UNO employee who was found guilty of misconduct following the findings of the Procurement Task Force. He was then convicted by a US Federal Court and sentenced to 8 years of imprisonment and 2 years of mandatory probation, was later released and deported to India in May 2014. The petition filed by him claims that due process was not followed in his case. In November 2018, the petitioner sought the permission of the Union Ministry of External Affairs (MEA) to initiate legal action against UNO under section 86 of Civil Procedure Code, 1908. This section 86 of CPC provides that a foreign State may be sued in any Court once the consent of the Central government is obtained. The MEA then stated that consent of the Union Government was not required to initiate a legal suit against UNO as it was not a foreign State rather only an International Organization. MEA although stated that UNO and its officials enjoyed immunity under the United Nations (Privileges and Immunities) Act, 1947. It also added that as per Section 2 of Article II of the Schedule of Act,  1947, UNO enjoys immunity from every kind of legal process except insofar as in any particular case it has clearly waived its immunity. The same became a subject matter of petition filed before the Delhi High Court


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