ISLAMABAD: An Islamabad Civil Judge, in a unique and historic order, has denied diplomatic immunity to the Embassy of Austria, which is illegally occupying a private property and refuses to vacate it despite the court orders, claiming such immunity.
The immunity was claimed by the Embassy of Austria in a review application of vacation of a private house. Documents available with The News reveal that the legal heirs of one of the most respected civil servants in the history of the country, Agha Shahi, are trying to get the house of late Agha Shahi vacated from the Embassy of Austria but in vain. Even after winning the legal battle from the court for eviction of the house, the legal heirs of Agha Shahi had fallen victim to the diplomatic immunity available to foreign missions, but the Civil Judge of Islamabad, in dispensation of justice, has denied the embassy this immunity.
Late Agha Shahi rented out house#13, St 1, F-6/3, Islamabad, to the Embassy of Austria on 4-7-1996. Subsequently, the said agreement was renewed on 01-10-2002. According to the amended agreement dated 25-5-2006, the terms of lease agreement were extended from 4-7-2006 to 3-7-2008, and the total amount of lease for the time of said period was fixed at $36,000. However, the terms and conditions of the agreement dated 4-7-1996 agreed remained valid and unchanged except the amount of the lease.
The order of the court of rent controller dated August 4, 2009, states: “On grounds it is mentioned that the agreement dated 25-5-2006 has expired on 3-7-2008, which has not been further extended nor the petitioner intends to further rent out the property. That after the expiry of lease agreement, the Embassy of Austria [has] become illegal occupant of the demised premises, outstanding against the embassy despite a written request and legal notices, the embassy has not paid the rent: that the property is required by the petitioner for his personal use; that the embassy showed reluctance to vacate the demised premises with one or the other pretext.”
The embassy first did not appear before the court, claiming the diplomatic immunity; however, after an ex parte eviction order against it, the lawyer of the embassy appeared before the court in a review application and claimed that the embassy enjoyed diplomatic immunity; therefore, no order could be passed against it.
Muhammad Wajid Hussain Mughal, Civil Judge, in his order dated 17-03-2010, said, “The federal government may exempt any building or buildings; however, the provisions of this ordinance (IRRO 2001) could not be applied as no such order or notification is yet been issued by the federal government, hence, petitioner/ judgment debtor cannot claim immunity under Section 86-A CPC as the provisions of CPC are not applicable to rent application.”
Zafar Hilaly, one of the legal heirs of Agha Shahi, says since July 2008, no rent has been paid and the embassy was reluctant to vacate the house despite the court’s order. He said the court on numerous occasions had ordered the embassy to submit the outstanding rent in the court, but the embassy did not follow the court order. He said that the court had appointed a bailiff, who has given the date of April 7 to the embassy to vacate the house and the embassy has received the bailiff’s notice as well.
Source: http://www.thenews.com.pk/daily_detail.asp?id=231501
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