SOCIETY FOR COMMUNITY DEVELOPMENT (SCD), through EXECUTIVE DIRECTOR vs UNITED NATIONS INTERNATIONAL CHILDREN E

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SOCIETY FOR COMMUNITY DEVELOPMENT (SCD), through EXECUTIVE DIRECTOR VS UNITED NATIONS INTERNATIONAL CHILDREN EMERGENCY FUND, (UNICEF), PAKISTAN S.9---Specific Relief act (I of 1877), S.42---Convention on the Privilege and Immunities of the United Nations---art.II, S.2 & art.V, S.18(a)---Basic Cooperation agreement, art.IX---Suit for declaration and recovery of damages etc.---Diplomatic immunity---Scope---Civil Court, jurisdiction of---Plaintiff/company and defendant/United Nations International Children Emergency Fund (UNICEF) entered into an agreement by introducing as Program Cooperation agreement (PCa) for a period of one year ---Plaintiff, being aggrieved from the audit Findings of PCa conducted by the defendant, sought declaration that the said audit was biased and contrary to the provisions of PCa---Held, that UNICEF as a subsidiary organ of the United Nations was entitled to the privileges and immunities provided in the Convention on the Privileges and Immunities of the United Nations ('the General Convention') with which Pakistan had been a party since September 22nd , 1948---Section 2 of article-II of the General Convention stipulated that the United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every forum of legal process except insofar as in any particular case, it was expressly waived its immunity---Section 18(a) of the article-V of the General Convention stipulated that the officials of the United Nations shall " be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity---Further, article-IX of the basic Cooperation agreement (BCa) between the Federal Government and UNICEF reaffirmed the applicability of the General Convention---Trial Court had rightly held that the respondent/defendant had diplomatic immunity and could not be sued in Civil Courts and the jurisdiction of the Civil Courts were barred to entertain any such suit against them being functionary of UNICEF---appellant/plaintiff had failed to point out any illegality, irregularity or perversity in the impugned ex-parte judgment and decree passed by the Trial Court dismissing his suit---appeal was dismissed, in circumstances.

SOCIETY FOR COMMUNITY DEVELOPMENT (SCD), through EXECUTIVE DIRECTOR vs UNITED NATIONS INTERNATIONAL CHILDREN EMERGENCY FUND, (UNICEF), PAKISTAN S — 2021 CLC 1379 QUETTA-HIGH-COURT-BALOCHISTAN

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