The STATE OF LIBYA vs CIVIL JUDGE (WEST), ISLAMABAD Ss — 2025 PLD 1 ISLAMABAD

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

The STATE OF LIBYA VS CIVIL JUDGE (WEST), ISLAMABAD Ss. 3, 4 & First Schedule---State Immunity Ordinance (VII of 1981), Ss. 3, 4, 5 & 17---Civil Procedure Code (V of 1908), S. 86A & O. VII, R. 11---Rejection of plaint---Diplomatic immunity---Recovery of damages---Lease agreement with foreign State---Petitioner/State of Libya entered into lease of house owned by respondent/plaintiff---Respondent/plaintiff sought recovery of damages for breach of lease agreement and cost of repairs to the damage caused to leased house---Trial Court declined to reject the plaint---Validity---When it comes to foreign affairs and inter-state relations, Courts exercise their powers cautiously and while exhibiting deference to the position of Federal Government---Exercise of judicial power in relation to foreign states may have consequences for inter-state relationships---It is Federal Government aided by Foreign Office and not municipal Courts that are best placed to comprehend consequences that assumption of jurisdiction in relation to foreign states may have on inter-State relations---Given the principle of reciprocity, to the extent that municipal Courts assume jurisdiction in relation to missions of foreign states and/or diplomatic agents, such actions could have consequences for the manner in which other states treat Pakistani missions and diplomatic agents abroad---Provision of S. 4 of Diplomatic and Consular Privileges Act, 1972 provides that final determination of whether or not a person is entitled to any privilege or immunity is to be determined by Federal Government by issuing a certificate in such regard---While it is for the person claiming immunity to establish that it falls beyond the jurisdiction of Courts in Pakistan, any waiver of immunity is to be strictly construed---Provisions of Diplomatic and Consular Privileges Act, 1972 read together with provisions of Treaties clarify that even where a state waives immunity, the execution of a judicial verdict requires a separate and express waiver---Where a foreign state or a foreign mission has been made party to a judicial proceeding and such state or state agent makes a claim for immunity, the Court seized of the matter must issue a notice to Federal Government for purposes of S. 4 of Diplomatic and Consular Privileges Act, 1972 in order to determine whether or not the foreign state or state agent is entitled to the privilege or immunity claimed---Claim made by respondent/plaintiff did not fall within the exclusion from immunity in terms of S. 17 of State Immunity Ordinance, 1981---High Court set aside order passed by Trial Court whereby it held that the Agreement constituted a commercial transaction and failed to appreciate that petitioner/State of Libya enjoyed immunity from judicial proceedings in relation to the claim under provisions of the Diplomatic and Consular Privileges Act, 1972 and State Immunity Ordinance, 1981---Suit filed by respondent/plaintiff was barred by law---Constitutional petition was allowed, in circumstances.

The STATE OF LIBYA vs CIVIL JUDGE (WEST), ISLAMABAD Ss — 2025 PLD 1 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2025 PLD