London: The English High Court rejected on Tuesday Indian attempt to strike out Pakistan’s claim to the Hyderabad Fund, foreign office said.
“The 75-page judgment of Henderson J is a clear vindication of Pakistan’s principled stance, and the effective legal strategy being pursued by the new legal team,” a statement issued by office of the FO spokesperson said.
India had challenged GBP 35 million in a bank account in the name of the High Commissioner of Pakistan, since 20th September 1948. The money was transferred from Nizam-e-Hyderabad for Pakistan before capture of his state by India.
“The Judge accepted that there was good evidence in support of Pakistan’s claim to the monies, which needed to be fully considered at a trial. The Judge also accepted that there were good legal arguments which were supportive of Pakistan’s position,” the communique said.
New Delhi will now face a substantial cost claim, as a result of losing its applications.
“India and the Princes could not assert that Pakistan’s claim to the monies was without basis,” said one of the arguments advanced by Pakistan’s leading counsel.
The case will now proceed to trial, unless settled. Pakistan had offered to mediate in front of retired Law Lords Lord Hoffman or Lord Hope in July 2015, but India had refused on the basis that it believed Pakistan’s claim was not valid.
“Pakistan remains committed to resolving all disputes by negotiation and believes that the path to peace and progress lies in dialogue,” the statement said.
“If the case does not settle, Pakistan is fully confident that its legal team will prevail,” it added.
The Express Tribune