![]() ![]() The exceptions of immunity of a diplomatic agent is stipulated in article 31A to 31C and article 32 of the Vienna Convention, 1961. This waiver of immunity generally emerges when the diplomatic agent commits any criminal action or heavy violation of civil laws of the receiving state. The waiver of immunity must be conducted explicitly or officially by the government of the sending state, as the immunity itself is a prerogative right owned by the state of origin of the diplomat. The sending country can also waive off the immunity granted to its diplomat if it feels reasonably fit for the same. In the above situations, a diplomat is not entitled for any immunity and the government of the receiving state can exercise its jurisdiction over the diplomat in the form of criminal, civil and administrative jurisdiction. actions relating to any private, professional or commercial activity exercised by him.actions relating to succession in which he is involved in a purely private capacity, and.actions for recovery of purely private immovable property,. ![]() Nevertheless, the immunity is subject to certain restriction or exceptions in certain cases such as: This immunity gives diplomat an exemption from the jurisdiction of the host state from any violation of law in the receiving state. The foreign Diplomat under the Vienna convention is granted immunity from jurisdiction of the receiving state in criminal and civil law. The immunity is a prerogative right granted to the sending state and not to individual diplomat hence the diplomatic officer cannot abrogate or waive his immunity without an approval of the sending state. The immunity of the diplomatic agent is based on the principle of inviolability. This principle is known as immunity under Articles 22, 24, 29, and 30 Vienna Convention, 1961. ![]() It is covered by inviolability principle. The Article tries to explain the principle of Persona non grata and the immunity granted to diplomats.Ī foreign diplomat enjoys immunity in the receiving state from any civil or criminal liability. A demarche or formal diplomatic representation was issued to Pakistan diplomatic officer wherein strong protest was lodged about the “activities of these officials of the high commission of Pakistan against India’s national security” and was asked to ensure that no member of its diplomatic mission should indulge in activities inimical to India or behave in a manner incompatible with their diplomatic status. The Officials were detained and interrogated but later were released on the demand of Pakistan High Commission. An FIR was filled against both the Officers under the Official Secrets Act. The accused were caught while obtaining documents on the Indian security establishment from an Indian national in exchange of cash and a smartphone. Adir Hussain and Tahir Khan, the two accused were caught in a joint operation of Delhi Police and Military intelligence after months of surveillance. The Officials were accused for spying and were asked to leave the country within twenty-four hours. Recently India has apprehended two Pakistani High Commission officers for indulging in espionage activities and declared them persona non grata. ![]()
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