Vienna Conventions 1961

2012 PLD 553 SUPREME-COURT Judicial Precedent

Arts. 204 & 248Diplomatic and Consular Privileges Act, (IX of 1972), PreambleVienna Convention on Diplomatic Relations, 1961, Preamble

Initiation of proceedings for contempt of Supreme Court against Prime Minister for non-compliance with the directions given by the Supreme Court in a case to the Federal Government for the revival of the request, withdrawn by the former Attorney General for Pakistan to be a civil party in a money laundering case in Switzerland (allegedly against the serving President of Pakistan)

Immunity to the President

Scope

Plea of postponing implementation of directions of Supreme Court given in the said case till tenure of office of the President came to an end

Immunity to President in regard to case before a foreign court

Contention of the accused (Prime Minister) was that he would not implement the directions given by the Supreme Court in the case as implementing the same could lead to reopening of the case and trial of the President in a foreign country, who had absolute and inviolable immunity before all foreign courts, as long as he was in the office, from any civil or criminal matter

Validity

Postponement of the implementation of the directions of the Supreme Court till expiry of tenure of the President would amount to modification of the clear orders and direction given by the Supreme Court in the main as well as in the review judgment, which judgments clearly stated that the implementation was to be carried out immediately and without delay

Present Bench had no power to modify the judgment and delay implementation

Contentions regarding immunity of President under the International Law had been urged before the Supreme Court in review petitions and same were not accepted, therefore, present Bench was in no position to examine such contentions, and even otherwise, present Bench was not sitting in review and, therefore, could not go beyond what had been held therein

Complete facts of the case in the foreign court were not available before the present Bench, therefore, the authorities or the courts in the foreign country alone could, in the light of the facts before it, examine the question of immunity

Immunity could, therefore, be invoked before the relevant authorities in the foreign country and, if the same was indeed available, it might be granted to the President without invocation.

1981 PLD 377 SUPREME-COURT Judicial Precedent

Immunity-Pakistan and U. S. S. R. being parties to Vienna Convention, 1961, U.S.S.R. claiming immunity on basis of such Convention-Provisions of such Convention now form part of Pakistan law in Diplomatic and Consular Privileges Act, 1972, but no. provision of Convention or Act, held, bestowed any immunity in respect of trade and merchant transactions of Diplomats outside their activities as Diplomats.