Section 14: Other procedural privileges

14. Other procedural privileges.___(1) No penalty by way of committal to prison or fine shall be imposed in respect of any failure or refusal by or on behalf of a State to disclose or produce any document or information for the purposes of proceedings to which it is a party. (2) Subject to sub-sections (3) and (4), ___ (a) relief shall not be given against a State by way of injunction or order for specific performance or for the recovery of land or other property; and (b) the property of a State, not being property which is for the time being in use or intended for use for commercial purposes, shall not be subject to any process for the enforcement of a judgment or arbitration award or, in an action in rem, for its arrest, detention or sale. (3) Sub-section (2) does not prevent the giving of any relief or the issue of any process with the written consent of the State concerned ; and any such consent, which may be contained in a prior agreement, may be expressed so as to apply to a limited extent or generally: Provided that a provision merely submitting to the jurisdiction of the courts shall not be deemed to be a consent for the purposes of this sub-section. (4) The head of a State’s diplomatic mission in Pakistan, or the person for the time being performing his functions, shall be deemed to have authority to give on behalf of the State any such consent as is mentioned in sub-section (3) and, for the purposes of clause (b) of sub-section (2), his certificate that any property is not in use or intended for use by or on behalf of the State for commercial purposes shall be accepted as sufficient evidence of that fact unless the contrary is proved. SUPPLEMENTARY PROVISIONS

Effective date: 1981-01-01

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