AIR 2012 (NOC) 252 (BOM.) ::2012 (3) AIR Bom R 477

Bombay High Court

Hon'ble Judge(s): Girish Godbole , J

(A) Diplomatic Relations (Vienna Convention) Act (43 of 1972) S. 9, Sch. 1— Vienna Convention and Diplomatic Relations (1961) Arts 1, 22, 30, 31 — Diplomatic immunity — Certificate issued under S 9 of Act (1972) by Government of India relating to privilege and immunity in favour of Consul General — Effect — Prima facie such certificate raises rebuttable presumption and not absolute presumption — Decision of Government to issue such certificate is purely administrative decision — Whether particular activity of diplomatic agent falls within excepted category or not is to be decided on facts and evidence of each case {" It cannot be said that certificate issued by Government of India under S. 9 of Act (1972) is conclusive evidence of any fact relating to question as to whether the person is entitled to any privilege or immunity under Act (1972) Issuance of such a certificate is not a quasi judicial function and, hence, the decision of the Government of India to issue such certificate is purely an administrative decision. Whether a particular activity of diplomatic agent falls within the excepted category or not is a matter which has to be decided on a case to case basis depending upon the facts of each case and the oral and documentary evidence on record. (Para 18) "} .....