/Nizam’s fund case: UK HC rules in favor of India against Pakistan

Nizam’s fund case: UK HC rules in favor of India against Pakistan

The British High Court on Wednesday ruled in favor of India and the successor of the 7th Nizam of Hyderabad, which had sent £ 1 million to a London bank in 1948, is now estimated to be £ 35 million.

“In today’s judgment, the UK High Court has rejected Pakistan’s claim that the fund was intended as payment for arms shipments or as an outward gift. The Foreign Ministry said in a statement, ‘ ‘The court held that beneficial ownership with the 7th Nizam in 1948, and that it was placed on the benefit of his and his successor’.

The fund has been set up by the National Westminster Bank in London.

The fund was placed in the account of the Pakistan High Commissioner to the UK Rahmatullah from September 1948. This was the subject of pre-1950 proceedings in which the UK House of Lords set aside the proceedings introduced by the 7th Board of Claims. Pakistan accepts state immunity, statement read.
In 2013, Pakistan resumed operations, affecting the state’s immunity. A subsequent attempt by Pakistan to call off the proceedings was dismissed by the UK court as an abuse of procedure.

The Court today issued a comprehensive judgment and rejected the argument advanced by Pakistan that the dispute was non-justiciable, either in whole or in part; The doctrine of illegality somehow prevented recovery; Or that the claims of other parties were time-barred.
The Court also said that following Pakistan’s decorum was a “misuse of procedure” and measures in trust law and restitution were available against both Pakistan and the bank.
It was found that the 7th Nizam was considered beneficial for the fund, the court today concluded that the claimants in possession of the 7th Nizam, ie two grandchildren of India and the Nizam, were now entitled to the fund.

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