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WORLD HEALTH ORGANIZATION, (WHO), ISLAMABAD vs MUHAMMAD ANSAR IQBAL S — 2022 SCMR 752 SUPREME-COURT

Case information

Citation
2022 SCMR 752 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
WORLD HEALTH ORGANIZATION, (WHO), ISLAMABAD vs MUHAMMAD ANSAR IQBAL S
Provisions referred to
S. 4---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

WORLD HEALTH ORGANIZATION, (WHO), ISLAMABAD VS MUHAMMAD ANSAR IQBAL S. 4---Constitution of Pakistan, Art. 201---Incorrect application of law by the High Court in its judgment---No precedential value of such judgment---World Health Organization (WHO)---Whether civil court had jurisdiction to try suit against the 'WHO'---Plea on behalf of WHO that civil court had no jurisdiction to entertain and try the suit against it, under the contract between the parties in the light of Clause 16 of General Conditions of Contract which contained amicable settlement between the parties in accordance with the practice and through conciliation in accordance with the conciliation rules of the United Nations Commission on International Trade Law ("UNCITRAL") and through the mode of arbitration in accordance with the UNCITRAL Arbitration Rules, therefore, the civil court was having no jurisdiction---Held, that stance of the petitioner/WHO held ground that the law had incorrectly been applied while dismissing the petition filed before the High Court---Determination of scope, limits and extent of diplomatic and state immunity clauses of various statutes needed further deliberations---However, since the matter between the parties stood resolved out of court, it would become an academic exercise to give any finding on the issue of state/ diplomatic immunity---Petition for leave to appeal was converted into appeal and allowed, impugned judgment of High Court was set-aside with the direction that the said judgment shall have no precedential value in term of Art. 201 of the Constitution.

Other judgments reported in 2022 SCMR

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