VidhiSangh

Supreme Court of India · 07/12/2021

C. SIVASANKARAN versus UNION OF INDIA & ORS.

[2021] 9 S.C.R. 589 · 2021 INSC 833

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Summary

The Court rejected a Seychelles Ambassador-at-large’s claim to diplomatic immunity from Indian proceedings. His title and diplomatic passport did not establish that he was a diplomatic agent or another covered mission official, and official communications confirmed that his presence in India was not on Seychelles’ official duty. The claimed immunity therefore could not support quashing the criminal cases. The constitutional challenge lacked the necessary pleaded and established basis. The Court also deprecated concealment of the adverse High Court judgment and filing a former Supreme Court judge’s legal opinion.

Issues

  1. Whether the petitioner’s Ambassador-at-large designation and diplomatic passport established the status necessary for diplomatic immunity.
  2. Whether the requested reading down and consequential quashing relief had an established constitutional basis.

Provisions considered

Held

Result

Writ petition dismissed; claimed immunity and consequential quashing relief refused, and any interim relief vacated forthwith.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 589.