Bailabel Type : bailable

Description

Section 85 of the Code of Civil Procedure (CPC) addresses the situation where certain individuals are appointed by the Government of India to represent or defend foreign rulers or states in legal proceedings in Indian courts. This provision allows the Indian government to designate specific individuals to act on behalf of foreign sovereigns or their representatives, ensuring that their legal interests are represented effectively in the Indian judicial system.

Key Provisions of Section 85:

1. Appointment of Representatives:

   • This section allows the Indian Government to appoint individuals who are specifically authorized to prosecute or defend lawsuits on behalf of foreign rulers or sovereigns. These individuals are typically public officers or specially appointed representatives who have the responsibility to manage legal matters for foreign governments in India.

2. Role of the Appointed Representative:

   • The individuals appointed under this section act on behalf of foreign rulers in civil cases. They may represent foreign governments in disputes or actions involving India or its legal entities, essentially handling the case as the government's proxy.
   • The individuals appointed under Section 85 have the legal authority to either initiate lawsuits (prosecute) or defend lawsuits (in cases where the foreign ruler or sovereign is being sued) in the Indian courts.

3. Scope of Powers:

   • The person appointed by the government to act on behalf of a foreign ruler has the same legal standing as any other authorized legal representative. They can sue and be sued in the court on behalf of the foreign ruler and take all necessary steps to protect the interests of the sovereign they represent.
   • These powers are granted in situations where the foreign ruler or their government does not have a representative or the right to represent themselves directly in India under the CPC.

4. Government's Discretion:

   • The government has full discretion in choosing who will be appointed to represent foreign rulers in legal matters. The appointment is a formal process and typically involves individuals with the necessary legal qualifications and authority to handle such important matters.

5. Relevance for Foreign Sovereigns:

   • Foreign rulers, due to their diplomatic status and sovereign immunity, do not typically appear personally in Indian courts. Instead, the government ensures that their interests are defended or prosecuted through the appointment of government representatives. This arrangement facilitates the smooth conduct of legal matters involving foreign states and their rulers in India.

6. Impact of the Appointment:

   • The individuals appointed under Section 85 may represent the foreign ruler in various legal matters, such as disputes over property, contracts, or any other civil matter that involves the foreign state. The appointment ensures that foreign rulers are not left without legal representation in Indian courts, especially in matters involving their legal rights within India.

Punishment

Section 85 does not directly prescribe criminal punishments for individuals acting under this provision. However, the section provides the framework for civil legal actions involving foreign rulers, and any misuse or misconduct by an appointed representative can lead to certain legal consequences. These consequences can include:

1. Misrepresentation or Fraud:

   • If the person appointed by the government misrepresents their authority or engages in fraudulent activities while representing the foreign ruler, they could face civil liabilities. They could be held liable for damages or required to compensate for any harm caused by such misrepresentation.

2. Contempt of Court:

   • If the appointed representative obstructs the court's process or fails to comply with court orders, they could be charged with contempt of court. Contempt proceedings may lead to penalties such as fines or even imprisonment if the actions significantly disrupt the judicial process.

3. Breach of Duty:

   • The person appointed by the government to represent a foreign ruler is under a duty to act in good faith, with the best interests of the foreign ruler in mind. If the appointed person breaches this duty by acting in a manner detrimental to the interests of the sovereign they represent, they may be required to compensate for losses incurred.

4. Violation of Law:

   • The appointed representative must comply with Indian laws and court procedures. Failure to follow legal procedures, such as failing to file necessary documents or missing deadlines, could lead to dismissal of the case, and in some cases, they could be held liable for damages caused by their negligence.

5. Liability for Misconduct:

   • If the appointed representative engages in misconduct or corrupt practices during their tenure, they may be subject to investigation and possible prosecution under relevant anti-corruption laws or civil liability for harm caused by their actions.