New Delhi
4 November 2005
Paul Adolf Volcker, chairman of the Independent Inquiry
Committee report on the "Manipulation of the Oil-for-Food Programme", has said the
Congress party was welcome to send a legal notice for naming the party and Mr Natwar
Singh as non-contractual beneficiaries in the Iraqi oil deal scam.
Observing that "I came to know yesterday that Natwar Singh is the foreign minister," the
former chairman of the United States Federal Reserve nevertheless went on to assert
that "the United Nations [has] privileges and immunities".
Although the Congress party has said that it will explore legal option, scepticism
abounds on the tenability of such a claim. Not many, including those familiar with law
and United Nations, share the party's optimism.
Airing sentiments similar to how Volcker reacted "mirthfully" to the Congress party's
decision to send Volcker and the UN a legal notice, well-placed sources told this
newspaper that it is an unlikely proposition.
"There is no way [a case] can be filed against the UN ... the UN enjoys certain
immunities. India is a member of the UN, so would that mean she will sue [her]self?"
they wondered aloud.
Moreover, they explained, "[The Volcker report] is not a UN report. It is an external
investigation commissioned by the UN" and replied in the negative when asked about a
precedent of legal notice being served on the UN.
However, they suggested, a legal notice can technically be issued if one were to
consider the UN as a body-corporate but in which case, "it would have to be proved that
[allegations] are false and malafide, made with an ulterior motive, and made too casually
or carelessly." In that scenario, it will also need to ensured that "they are willing to
submit themselves to the jurisdiction of courts of that country."
Meanwhile, the Congress party has said that it will consult a battery of lawyers before
arriving at a considered opinion in the matter. The sources said some consultations had
taken place and more would take place.
The party has suffered a further setback after Volcker dismissed External Affairs Minister
Natwar Singh's claim that he was not asked for his comments by stating that those
mentioned in the report were notified and given a chance to clarify on the contents about
them.
"We have indicated carefully everybody was notified that they are going to be listed and
we also indicated what their response was if any.... We didn't say what is right or wrong.
We only said what was there in the Iraqi records, whether there was denial, acceptance,
if there was something in between or no answers," Volcker said.
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