New Delhi: Noting that diplomats enjoy immunity abroad and foreign courts have no jurisdiction over them, the Centre on Monday moved the Delhi High Court seeking an order restraining an Indian maid from pursuing in the US a case against her former employers, an Indian diplomat and her husband, for allegedly abusing her.
Filing a civil suit before Justice Kailash Gambhir, the Ministry of External Affairs contended that the case initiated by the maid, Shanti Gurung, with the help of a voluntary organisation against Neena and Yogesh Malhotra, is abuse of process of law as the allegations are baseless and malafide.
Last week, a US judge had recommended that Neena and Yogesh should pay nearly $1.5 million to Gurung as damages on her complaint of "slavery" and "barbaric treatment" while she was employed as their domestic worker.
Justice Gambhir said he would hear the matter on Tuesday.
In its petition, the government said that the legal action against Malhotras was in violation of Foreign Sovereign Immunity Act of USA and also the Vienna and the Hague Conventions.
"They enjoyed diplomatic immunity and they are under the territorial jurisdiction of this court and any legal action against them can be done only in Delhi," the government said seeking a direction to Gurung to withdraw her case against Malhotras.
The legal proceeding is pending before a US judge to fix adequate damage for the maid on her complaint.
In its petition, Government said, "The US court lacks jurisdiction to entertain the complaint against the Indian diplomat and try any proceedings against them.
"Any order to be passed by the US district court would be contrary to the Foreign Sovereign Immunity Act and also an interference with the judicial sovereignty of India."
Comments
0 comment