MLAT Agreement between India and Afghanistan: Salient Features

MLAT Agreement between India and Afghanistan: Salient Features

Question: Union Cabinet has provided an approval for an agreement on legal and judicial cooperation in civil and commercial matters between India and Afghanistan. Examine the salient features of the agreement.

The agreement involved cooperation in legal and judicial setting in civil and commercial matters for the service of the following :

- Summons

- Judicial documents

- Commissions

- Execution of judgements

- Arbitral awards between the two nations

Agreement has the following features:

- Service of judicial orders, summons as well as legal or judicial documents or processes

- Evidence has been taken through request

- Execution of judgements, settlements and arbitral awards are also a focus of the agreement

Agreement applies to a request for legal assistance on a reciprocal basis in relation to civil and commercial matters submitted prior or following entry into force

- Service of summons and other judicial documents should not be denied on the ground that request does not give room for sufficient grounds for reporting merits of the case, with the exception that compliance with the request would infringe sovereignty, public policy or security

- Agreement also incorporates deals with regard to evidence given by diplomatic and consular reps from nationals of countries represented

Facts and Stats

- Agreement will come into force from 30th day of ratification

- Provisions of the agreement are in accordance with provisions of CPC 1908 and Arbitration and Cancellation Act 1996

- Agreement will benefit both countries

- Mutual Legal Assistance Treaty in civil and commercial matters is an agreement for reciprocal arrangement with foreign countries with service of summons in civil as well as criminal cases

- Code of Civil Procedure does not discriminate /distinguish between citizens of India and alien friends.