Section 86A: Suits against diplomatic agents

(1) No proceeding in any Court shall lie against a diplomatic agent except in a case relating to (a) any private immoveable property situated in Pakistan held by him in his private capacity and not on behalf of the sending State for the purpose of the mission ; (b) a succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; (c) any professional or commercial activity exercised by the diplomatic agent in Pakistan outside his official functions. (2) No measures of execution shall be taken in respect of a diplomatic agent except in cases which come under clauses (a), (b) and (c) of sub section (1) and in which such measures can be taken without infringing the inviolability of his person or of his residence. (3) The initiation of any proceedings in a Court by a diplomatic agent shall preclude him from invoking immunity from jurisdiction under this section in respect of any counter claim directly connected with the principal claim. (4) The immunity of a diplomatic agent under sub section (1) or sub section (2) may be waived by the sending State; and any such waiver shall be express. (5) Waiver of immunity in respect of any proceedings shall not be held to imply waiver of immunity in respect of any measure of execution for which a separate waiver shall be necessary. (6) In this section, 'diplomatic agent' in relation to a State means the head of the mission in Pakistan of that State and includes a member of the staff of that mission having diplomatic rank.]

Effective date: 1909-01-01

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