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C. Sivasankaran v. Union of India

Writ Petition (Criminal) · 2021 INSC 833Decided 7 Dec 2021
Writ Petition (Criminal) No. 302 of 2019
Justice A.M. Khanwilkar · Justice Dinesh Maheshwari · Justice C.T. Ravikumar

Background

The petitioner, who held the title of "Ambassador-at-large" of Seychelles along with a diplomatic passport, was facing criminal investigation in India (including by the CBI) over commercial activities. He filed a writ petition claiming diplomatic immunity from Indian courts under the Vienna Convention on Diplomatic Relations, after an identical argument had already been rejected by the Madras High Court. He also sought to have certain provisions of India's Diplomatic Relations Act declared unconstitutional.

Decision Breakdown

The Supreme Court agreed with the Madras High Court's earlier rejection of the immunity claim, holding that the petitioner did not qualify as a "diplomatic agent" under Article 1 of the Vienna Convention, since the Seychelles government itself clarified he was not in India on any official duty and his activities under investigation were commercial, not official. The Court also found no basis for the claim that the relevant Indian law provisions were unconstitutional, as this was never properly established. The writ petition was dismissed and the earlier interim relief protecting the petitioner was vacated. The Court additionally expressed serious concern and disapproval over procedural impropriety, including the petitioner filing a former Supreme Court judge's legal opinion as part of the case record.

Lesson Learnt

Holding an honorary or ceremonial diplomatic title from a foreign country does not automatically grant immunity from Indian criminal investigation: immunity depends on meeting the strict legal definition of a "diplomatic agent" acting in an official capacity, not on titles or passports alone.

Official source (sci.gov.in)View Judgment (PDF)

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