Indian Foreign Minister Judicial Assistance Case

Abstract

Jurisdiction — Territorial — Territorial limits of jurisdiction — International judicial assistance — Jurisdiction of court to grant application for obtaining evidence abroad — Whether judicial assistance can be claimed in the absence of any treaty arrangements

State immunity — Jurisdictional immunity — Administrative proceedings — Application for summons for obtaining evidence from minister of foreign State — Evidence relating to military operations of Indian army in Sri Lanka — Whether Indian Defence Minister entitled to jurisdictional immunity — Whether State military operations constituting a sovereign activity

Sources of international law — Comity — As basis for international judicial assistance — Obtaining evidence abroad — Whether principle of comity requiring foreign State to make available to municipal courts evidence regarding its sovereign activities

Treaties — Application — Multilateral treaties — Scope of application — Extension by analogy — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970 — Whether application of Convention may be extended to administrative matters by analogy

War and armed conflict — Armed intervention — Consent of host State — Deployment of Indian forces in Sri Lanka — The law of the Federal Republic of Germany