How suits against Foreign Rulers, Ambassadors and Envoys, Commissioners of Commonwealth countries, and their staff may be instituted?

Question: How suits against Foreign Rulers, Ambassadors and Envoys, Commissioners of Commonwealth countries, and their staff may be instituted?

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Answer

Sections 85 and 86 of the Code deal with the procedure for the institution of suits by foreign rulers, ambassadors, envoys, etc. Section 85 explains the process of representation of foreign rulers and foreign States while Section 86 deals with procedure and requirements to sue a foreign ruler, ambassador, etc.

It is significant to note that when the question is about a suit filed by or against a foreign ruler, it cannot be expected that the ruler himself/herself will file the suit or be present before the court at all the hearings. Therefore, there is a need for a provision to deal with these aspects and to ensure that there is a fair and reasonable trial.

Representation of Foreign Rulers

Section 86 empowers the Central government to appoint any person (having sufficient legal knowledge) to represent the foreign ruler in a case where the suit is filed by the foreign ruler. The government is not required to act voluntarily but the suing party, i.e. the foreign State or the foreign ruler shall request the central government to appoint a lawyer for his/her representation in the court. The request may be made by a foreign ruler himself or any person authorized by him for that purpose.

Any person who is appointed as a lawyer for such a foreign ruler must be deemed to be a recognized agent of that person and he shall be entitled to take all the decisions beneficial for the ruler with his consent and all such decisions shall be valid. The person shall have the right to appear and sign applications on behalf of the foreign ruler under the CPC and such acts shall be deemed to be legal and valid.

The government may appoint the person to represent the foreign ruler for one particular suit or several suits or all the suits filed by such ruler or public officer within a specified period of time. the request should be promptly made by the ruler and it should be mentioned whether the representation is required for one suit or several suits.

Section 85(3) also allows the appointed representative to authorize or appoint someone else to act on his behalf and exercise all these powers if the person appointed by the Central Government is himself a party to the suit filed by the foreign ruler.

Procedure to Sue

The first vital requirement under Section 86 which is required under all suits filed by anyone is that the suit must be filed before a competent authority, i.e. a civil court having requisite territorial, pecuniary, and subject-matter jurisdiction. The procedure enshrined under Section 86 applies to any suit filed against a Foreign State, foreign rulers, ambassadors of different countries, and envoys.

The procedure can be explained in the following points

1. The central government must give written consent under the hands of the Secretary to the government to sue the foreign State, ruler, etc.
2. If the suit is filed by a tenant who is in possession of an immovable property owned by a foreign State, consent by the Central Government is not required.
3. The central government can provide its consent for one suit or several suits as the case may be.
4. The central government must ensure that either of the four circumstances exists before instituting any suit against the foreign ruler. (a) That the foreign ruler has already instituted a suit against the plaintiff, or (b) That such State or ruler carries on trade within the local jurisdiction of the court, or (c) the immovable property must be the subject matter of the suit and not the charge on it and such property should be situated within the local limits of the jurisdiction of the court, or (d) That the foreign ruler, etc. has deliberately waived the privileges of non-arrest under Section 86 (5).
5. If a decree has been pronounced by the court in favor of the plaintiff and against the foreign State or its ruler, it cannot be executed without the explicit consent of the Centre certified by the Secretary to the central government.

The above provisions apply equally to the Foreign rulers, ambassadors, and envoys or any other public officer who belongs to a foreign country and has a cause of action either in favor or against him India.

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