What is the Hyderabad Deccan funds case Pakistan lost to India in the UK Court?
LONDON - Hyderabad Deccan funds case which Pakistan lost to India in the UK Court is the 70 years old controversy between Pakistan and India.
UK High Court on Wednesday upheld New Delhi's claims on the rights over the wealth of the Nizam of Hyderabad, worth GBP 35 million.
The court said that Pakistan has “no stake in the claim” in this 70-year-old case. It is to be noted that Pakistan had repeatedly claimed rights on the Nizam’s fund that is being held by London's National Westminster Bank and Wednesday's court ruling is yet another humiliation for Islamabad at global stage.
The Fund had been held in the account of the High Commissioner of Pakistan to the UK Rahimtoola since September 1948. It had been the subject of earlier proceedings in 1950s in which the UK House of Lords set aside proceedings brought by the 7th Nizam of Hyderabad claiming the Fund as Pakistan invoked state immunity.
In 2013, Pakistan commenced fresh proceedings herself, thereby waiving state immunity. A subsequent attempt by Pakistan to discontinue the proceedings was rejected as an abuse of process by the UK Court.
The Court has issued a wide-ranging judgment today after analyzing documentation going back more than 70 years and embracing the law of constructive and resulting trusts, unjust enrichment, foreign act of state, illegality and limitation of actions.
The Court rejected arguments advanced by Pakistan that the dispute was non-justiciable, either in whole or in part; that the doctrine of illegality somehow barred recovery; or that the claims of other parties were time barred.