Suit Against Diplomatic Agents According to C.P.C in Pakistan

 

According to the Civil Procedure Code (C.P.C) in Pakistan, there are certain provisions that govern the procedure for filing a suit against diplomatic agents. It is important to note that diplomatic agents enjoy certain privileges and immunities under international law, which can complicate the process of bringing legal action against them.

Under the Vienna Convention on Diplomatic Relations, which Pakistan is a signatory to, diplomatic agents are granted immunity from the jurisdiction of the receiving state's courts. This immunity extends to both civil and criminal matters. However, it is important to understand that this immunity is not absolute and can be waived by the sending state.

In Pakistan, if a suit needs to be filed against a diplomatic agent, certain procedures need to be followed. The first step is to approach the Ministry of Foreign Affairs (MOFA) and request them to waive the diplomatic agent's immunity. This request should be accompanied by all relevant documents and evidence supporting the claim.

Once the MOFA receives the request, they will forward it to the concerned foreign mission or embassy. The foreign mission will then communicate with their government and decide whether or not to waive the immunity of their diplomatic agent. If the immunity is waived, the case can proceed in Pakistani courts like any other civil suit.

However, if the foreign mission refuses to waive immunity, the case cannot proceed in Pakistani courts. In such situations, diplomatic channels may be used to resolve the dispute through negotiations between the two governments involved.

It is worth mentioning that even if immunity is waived and a case proceeds in Pakistani courts, there may still be limitations on enforcing judgments against diplomatic agents. The assets of diplomatic missions and their agents are generally considered immune from execution or attachment.

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