Pakistan loses Hyderabad Nizam case in UK court

London: The United Kingdom High Court on Wednesday ruled against Pakistan in a 70-year-old legal dispute involving 35 million pounds that belonged to the erstwhile Nizam of Hyderabad and was kept in London’s National Westminster Bank.

The Fund was being 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 the 1950s in which the UK House of Lords set aside the proceedings brought by the seventh Nizam of Hyderabad claiming the fund, as Pakistan invoked state immunity.

In 2013, Pakistan began fresh proceedings in the case, thereby waiving state immunity. A subsequent attempt by Pakistan to discontinue the proceedings was rejected as an abuse of process by the UK Court.

On Wednesday, the Court issued a wide-ranging judgment after analysing 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 MEA said in a statement.

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.

Pakistan said it was closely examining all aspects of the detailed judgment issued by the High Courts of Justice of the UK in the Hyderabad Deccan Fund Case and will take further action in light of legal advice.

Foreign Office Spokesperson Dr Mohammad Faisal in a statement said Pakistan has taken note of the judgment, after a 2 weeks trial in June 2019 which rejected the longstanding claims of the two major parties and upholds the claims of the heirs of Nizam of Hyderabad.

The spokesperson said the ruling did not take into account the historical context of the transfer when India illegally annexed Hyderabad Deccan in violation of International Law and all civilized norms.

He said that the Nizam also raised the matter with the UN Security Council where the issue remains on the agenda to date.

He said the Nizam as a sovereign approached Pakistan for assistance which Islamabad provided.