KARACHI, Aug 18: The Sindh High Court declared a suit against the Japanese consulate-general in respect of its new building as not maintainable. The suit was instituted by Chaman Investment through Advocate Faisal Kamal Alam. It said the consulate was constructing its new building adjoining the plaintiffs’ business premises on plot number CL-6/2, Haji Abdullah Haroon Road, Frere Town, in violation of the building rules and regulations. The structure obstructed free access to their offices and infringed their easement rights.

The consulate and the building contractor were cited as defendants besides the Karachi Building Control Authority, which was impleaded for approving the violative design and for not taking any action against the owner and the builder.

Appearing for the consulate, Advocate Chauhdry Jamil argued that the consulate could not be sued under the civil procedure code. Advocate Shahid Jamil Khan submitted on behalf of the KBCA that the design fully conformed to the building and town-planning regulations and the building was constructed in accordance with it. Some violations were found in the construction of the boundary wall, which were subsequently regularized. Cut-line and open space would be restored whenever required for road widening.

Justice Rahmat Hussain Jafferi, who heard the suit, directed the plaintiff by an interlocutory order that the consulate-general and the builder be dropped as defendants and the suit could only proceed against the KBCA. He observed that under Section 86-A of the CPC, the consulate and its staff enjoyed immunity from civil proceedings in respect of their official functions.

The builder being an agent of the consulate was covered by the immunity. He pointed out that there were certain exceptions to the rule of immunity specified by Section 86-A, CPC, itself but the plaintiffs’ case did not fall in any of these exceptions.