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United Nations Organization is a nonprofit organization which is based on international relations. This UNO was formed in the year 1945, which will be helping only member counties in the cooperation of political and economic matters. The United Nations grew up after World War II and after that, almost all the countries became a part of it. But this NPO doesn’t mean they have the privilege to do anything. Latestly there is a case that came up in which the Delhi High Court has filed a Petition showing the concern about the Immunity which is enjoyed by the UNO as per their Privileges and Immunities act 1947.
What was the Petition?
The job of UNO is to remove the conflicts but at this time they failed to do so. The petition which was filed by Delhi High Court was the plea to interrogate the UNO employee. For searching the task force procurement he was found guilty. Later that UNO employee was taken into custody and was given imprisonment for 8 years by US Federal court. After that he was allowed to get probation for 2 years. That UNO employee in May 2014 was deported to India.
What Happened After the Petition was Filed?
After 4 years in 2018, the Union Ministry of External Affairs was approached by the petitioner for permission regarding the legal action to be taken by the UNO under Section 86 of Civil Procedure Code, 1908. This section says that if there is any mishap found by the country of a foreign state then can be sued in any type of government court after taking the consent from the central government as Delhi High Court did.
Later MEA gave the statement to Delhi High Court that there was no need to take consent or permission from the Union Government to take further legal action as UNO is not a foreign state but an international organization as per Section 86 of Civil Procedure Code, 1908.
When it was found that United Nations Act 1947 is giving the privileges and Immunity to UNO then a petition was made against them. As per the act, of 1947, the United nation organization can enjoy immunities from the legal process of any kind. This is why this act came into question when the employee tried to break the security barrier. And Delhi high court came up with the petition to file against them.
As Per the Article 12 of the Indian Constitution
Part 3 of the constitution includes the Lok Sabha and Rajya Sabha, also the Vidhan Parishad and Vidhan sabha also all the local authorities which are within the territory or in the control of the Union of India. And with article 226 of the Indian Constitution, the Delhi high court have the right to issue writs, orders or directions
Defining the UNO’s Immunity
- The United Nations 1947 act as per the ministry decision can be giving the Immunity to UNO.
- Section 2 of Article II under the scheduled act 1947, the UNO will have immunity from all legal processes except if there is any security harm. As you saw the legal process was not followed in this case and the petition was filed against the United Nation Organization employee by Delhi High Court.
- This UN law will give immunity to all the national laws which show that UNO will be enjoying the immunity to get their work completed.
- In this case, the UNO hasn’t left its immunity. So now the national laws can’t be applied. This is why the foreign court will take the action against the employee.
Conclusion
The verdict here is even the UNO can’t enter the high-security spot without permission. And if there is any mistake happening recorded then it will be reported to the law authorities and they will also get the consent of MEA only then they will be able to perform the action. This is why you saw DHC choose to file a petition against the UNO employee and now the case will be filed in International law.
