Delhi HC ruled that United Nations is not a State

Prelims level : Mains level :
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  • The Delhi High Court has ruled that the United Nations is not a State under Article 12 of the Constitution of India and is not amenable to its jurisdiction under Article 226 of the Constitution.

BACKGROUND :

  • Justice Suresh Kumar Kait gave the decision while adjudicating a plea filed by a former UNO employee who was found guilty of misconduct.
  • Sanjaya Bahel, convicted by a US Federal Court and sentenced to 97 months of imprisonment and two years of mandatory probation, was released and deported to India in May 2014. In his petition, he claimed that due process was not followed in his case.
  • He had in November 2018, written a letter to the Ministry of External Affairs seeking a grant of permission to initiate legal action against the United Nations Organization (UNO) under section 86 of Civil Procedure Code, 1908. The provision provides that a foreign State may be sued in any Court with the consent of the Central government.

 

 

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