P S OCHANI Vs. WORLD HEALTH ORGANISATION

JUDGEMENT

(1.) Through this application, defendants have sought dismissal of the suit as being barred by law. Defendant no.1 is a Specialised Agency of the United Nations within the meaning of the Charter of the United Nations. According to defendant no.1, it enjoy complete immunity from every form of legal process under Article III Section 4 of the Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations.

(2.) Mr.Rajeev Nayar, learned senior counsel for defendants contends that these immunities have been specifically recognised and conferred upon the defendants by virtue of the United Nations Privileges & Immunities Act, 1947. By virtue of notification dated 16/12/1948, the provisions of the said Act were extended to the defendants. This immunity is further fortified by an agreement dated 9/11/1949 between the defendants and Government of India which; specifically confers immunity upon the defendants from every form of legal process except in so far as in any particular case this immunity is expressly waived by the Director General of the defendant organisation. Admittedly, the Director General of defendant - organisation has not till date waived this immunity.

(3.) In response to the summons served upon the defendants through Ministry of External Affairs, a communication was received from defendant no.1 to the effect that defendant no.1 enjoys immunity from every form of legal process as the organization has not expressly waived its immunity following a request made through appropriate channels. The defendant also requested the External Affairs Ministry to take all necessary steps to ensure that the Court recognizes the immunity of the Organization. However, defendant no.1 made it clear on number of occasions that it was not waiving immunity from legal process which is available by virtue of Section 4 of the Convention on the Privileges and Immunities of the Specialized Agencies ("the Convention") to which India acceded with respect, to the Organization in February 1949 as well as by virtue of Article IV of the Agreement signed in November 1949 between the Organization and the Government of India concerning the privileges, immunities and facilities to be granted by the Government of India to defendant no.1.