MARGET D CRUZ Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is the widow of Mr. Wilfred D'cruz, who died in a bomb blast in Riyadh, Saudi Arabia on 18-5-1985 while he was returning from his place of employment. Petitioner approached this Court claiming compensation for the unfortunate death of her husband. According to learned counsel for the petitioner, the Saudi Arabian Government failed to conduct a fair investigation and prosecution of the culprits who are responsible for the bomb blast. Hence the Government of India is responsible to protect the rights of their citizen and to take up the matter before the International Court of Justice. This Original Petition is filed by the petitioner seeking the following reliefs:

(2.) Heard learned counsel appearing for the petitioner Sri A.X. Varghese, senior panel counsel appearing for the Central Government Sri S. Krishnamoorthy and the Senior Government Pleader Sri Thomas John Ambookken.

(3.) I have gone through the affidavits filed on behalf of the respondents wherein it is specifically stated that the petitioner is having no legal right to seek any mandamus for the performance of a legal duty. The Government of India was in no way responsible for the employment of the husband and his stay in Saudi Arabia were on account of his own volition and as such there can be no liability on the part of the Government of India. There is no provision in the Indian Constitution nor in any other Statute, common law Rules which imposes a duty on the part of the Government of India to refer such cases to the International Court of Justice (ICJ). A dispute involving an element of Foreign Law and as such forming part of private international law has never been taken before International Court of Justice. The statute of the International Court of Justice does not also authorize the entertainment of such private international law cases and the case of the petitioner cannot be termed to be one coming within the purview of private international law, especially when any cause of action arose within the territory of India. The jurisdiction of the International Court of Justice and in particular Article 36 does not empower the International Court of Justice to entertain such litigations. It is also contended that there is no treaty between the Government of India and Saudi Arabia which provides for a reference of dispute to the International Court of Justice for adjudication.