livelawpk.com - The State of Libya and its Diplomatic Mission are entitled t

The State of Libya and its Diplomatic Mission are entitled to Immunity from Civil Suits under both Domestic Laws and International Conventions unless such immunity is clearly and expressly waived --- Islamabad High Court, Islamabad

Islamabad 05-10-2024: The Islamabad High Court (IHC) has set aside a civil Court’s order and dismissed a suit filed against the State of Libya, ruling that the Libyan diplomatic mission is entitled to immunity from judicial proceedings under the Diplomatic and Consular Privileges Act, 1972, and the State Immunity Ordinance, 1981.

The judgment, delivered by Mr. Justice Babar Sattar, stems from a writ petition (Writ Petition No. 02/2023) filed by the State of Libya through its Head of Mission in Pakistan. The petition challenged an earlier order by the Civil Judge (West), Islamabad, which had dismissed Libya’s application to strike out the suit under Order VII Rule 11 of the Code of Civil Procedure, 1908.

The dispute arose from a tenancy agreement dated February 20, 2014, between the State of Libya and respondent No. 2, who had leased out his property to the Libyan mission for a five-year term. The agreement was executed to facilitate the functioning of the Libyan diplomatic mission in Islamabad. The petitioner attempted to terminate the agreement a year before its expiration, which led to a conflict regarding repair expenses and rent payments. The respondent sought damages amounting to PKR 1.645 million for repairs and USD 9,800 per month for the period needed to undertake the repairs.

After the civil Court dismissed Libya’s plea to reject the suit under Order VII Rule 11, the Libyan mission approached the Islamabad High Court, asserting that it was immune from such proceedings as per Pakistani law and international conventions.

The primary legal question before the IHC was whether the State of Libya and its diplomatic mission were immune from civil proceedings in a suit that sought damages for alleged breach of the tenancy agreement.

Mr. Justice Babar Sattar analyzed various statutory provisions, including Section 86A of the Code of Civil Procedure (CPC), the Diplomatic and Consular Privileges Act, 1972, and the State Immunity Ordinance, 1981. He concluded that the immunity granted under these provisions extended to the Libyan mission, making it immune from civil jurisdiction.

The Court also emphasized that under the Vienna Convention on Diplomatic Relations, 1961, diplomatic missions and their premises are inviolable. The tenancy agreement in question, which pertained to property leased for diplomatic purposes, did not constitute a "commercial transaction" that would negate the immunity of the diplomatic mission under the State Immunity Ordinance, 1981.

The Court ruled that the State of Libya and its diplomatic mission are protected from civil suits under both domestic laws and international conventions. The IHC highlighted that the waiver of immunity under Clause 8.3 of the tenancy agreement only applied to rent and possession disputes, and not to claims for damages or repair expenses.

In its judgment, the IHC referenced the landmark Supreme Court decision in A.M. Qureshi v. Union of Soviet Socialist Republics (PLD 1981 SC 377), where it was held that diplomatic immunity can only be waived through a clear and express declaration, and does not extend to execution of any judgment unless separately waived.

Mr. Justice Babar Sattar noted that any ambiguity in diplomatic immunity claims should be resolved in favor of the foreign state, and that Pakistan’s obligations under international law and the principle of reciprocity require Courts to exercise judicial restraint in such matters.

The Court underscored the importance of Section 4 of the Diplomatic and Consular Privileges Act, which empowers the Federal Government to issue certificates determining whether a person or entity is entitled to diplomatic immunity. In the present case, the Federal Government, through a report filed by the Ministry of Foreign Affairs, confirmed that the State of Libya had not waived its immunity and that the suit should be dismissed.

The IHC directed that a copy of the judgment be sent to the District and Sessions Judges (East and West) in Islamabad to ensure that civil judges are aware of the requirements for soliciting a certificate from the Federal Government when diplomatic agents or missions claim immunity.

The Islamabad High Court allowed the writ petition filed by the State of Libya, set aside the civil Court’s order, and dismissed the suit filed by the respondent with a cost of PKR 100,000. The judgment reaffirms the inviolability of diplomatic missions and the principles of state immunity as enshrined in Pakistani law and international conventions.