File- PTI Photo/ Vijay Verma
Italian Envoy Has No Immunity, Can't Leave India: SC
Italy's ambassador Daniele Mancini today faced the ire of the Supreme court for breaching the "trust" over his undertaking on return of two Italian marines and was told he does not enjoy diplomatic immunity and also barred from leaving the country till further orders.

The apex court expressed its anguish over the Ambassador "reneging" his undertaking to the court on the return of Massimiliano Lattore and Salvatore Girone, accused of killing two fishermen off Kerala coast last year, to face trial.

"The person who has come to this court as petitioner, we don't think he has any immunity," a bench headed by Chief Justice Altamas Kabir said when senior advocate Mukul Rohatgi appearing for Mancini and Republic of Italy pressed on the issue of immunity during the 45-minute proceedings.

The bench, at the begining of the proceedings, said that it is at present only concerned about Mancini as it was he who had given undertaking to get the accused marines back to India and asked Rohatgi to argue on behalf of the ambassador only.

"We don't trust the envoy anymore... We did not expect him to behave like this," the bench, also comprising justices A R Dave and Ranjana Prakash Desa, said.

"We never expected and we never believed that the Italian Ambassador will renege like this," the bench observed.

The order barring the envoy from leaving the country was extended till further orders by the bench which will hear the matter again on April 2.

The bench while taking exception to Rohatgi's submission said, "We don't go by anything. He has given the undertaking. We are not so naive.

"We don't accept his statement. We don't believe his statement. He has lost trust," the bench said, adding that so many things are being written about the incident including that the apex court was so naive in allowing the marines to leave the country.

The apex court had on March 14 asked Mancini not to leave the country without its permission, taking exception to his government's refusal to send back the two marines to face trial in India in the killing of two Indian fishermen last year.

After Rohatgi, who replaced senior advocate Harish Salve, said he was appearing for Republic of Italy and the Ambassador, the bench told him, "We are concerned with Daniele Mancini. What is your intention Mr Daniele Mancini?

"We are concerned with the intention. Are you going to comply with this order? We are not concerned with anything else," the bench said.

At the begining of the hearing Attorney General G E Vahanvati placed before the bench a copy of note verbale written by Italian government to Indian government.

He said it was intriguing that the note verbale mentions "any restriction to the freedom of movement of the Ambassador of Italy to India including any limitation to his right of leaving the Indian territory, will be contrary to the international obligations of the receiving state to respect his person, freedom, dignity and function."

Vahanvati said the Centre has rejected March 15 note verbale from Italian Embassy in which it also said "the Embassy of Italy expects therefore that the MEA will ensure full compliance with the privileges and immunities contemplated in the Convention and provide reassurance that no Indian authority shall impose or implement restrictive measures on the personal freedom of His Excellency The Ambassador".

The Attorney General said the Italy government appears unaware of the constitutional scheme under which the government functions in India.

Before passing the order today, the bench said the period of four weeks for which the marines were allowed to go to Italy to cast their vote was yet to be over and still they have time to return.

"We respected the undertaking (given by the Ambassador) and we allowed them (marines) to go for four weeks which will end on March 22. There is still time for them to come. Strictly speaking they have not still violated our order," it said.
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Digression

20/D-39
Mar 21, 2013
11:11 AM

"The person who has come to this court as petitioner, we don't think he has any immunity," a bench headed by Chief Justice Altamas Kabir said.

Which, although there would be better interpretations, could be rephrased truthfully as, "This court thinks that as of now the Italian ambassador does not enjoy immunity." Implicit in that observation is that the SC itself has been presented with an issue that is without precedent and that it would need some time to look at all the complexities before passing an authoritative opinion.

The Outlook headline reads: "Italian Envoy Has No Immunity, Can't Leave India."

Which is not quite what the SC has said.

Leaving that aside, would this Italian ambassador not be allowed to leave? No matter what the arguments are and no matter how much we are offended, an ambassador cannot be detained nor proceedings initiated against him. Law aside, it is not practical. However, because the SC has made an intervention and the issue might further dent our institutions, there is every chance that the government will be forced to ask the ambassador to leave.

Santosh John Samuel, Kochi
19/D-151
Mar 20, 2013
11:29 PM

I am not sure how long this game can go on...

India should rather try alternative means to teach Italy a lesson.

How about some strong economic sanctions, coupled with a crackdown on the Italy based MNCs operating in India?

But then it is too much to expect from a government, headed by a lady who herself has never hidden her deep love and affection and attachment for her place of birth.

Ramki, Delhi
18/D-118
Mar 20, 2013
07:14 PM

ADITYA MOOKERJEE

I do not think that Bonita is trying to "educate" you as you assert. You are simply misreading her.  She is trying to pull you into line as the rest of us. All your posts, as I have read, are gobbledygook.

For you, Bonita is a well wisher, not an adversary. Try to be objective, every one of us has limitations. And medicine is always bitter, but cures us in the end. You do have a good command of English, which is not our mother tongue. But, as evident from your posts, your thinking is convoluted and leads nowhere. 

Please take Bonita in positive light to straighten yourself up. That way you would make a contribution to the political views in the forums here. We would like to hear from you then, instead of disregarding you. Remember that, I also hold radically different position from Bonita.

Pinaki S Ray, Adelaide
17/D-47
Mar 20, 2013
09:59 AM

 Bonita, my issue is, people dare I say, with education, have left people like me, no place to go. You have made a situation, where you say, that India is like this, with problems, we are people with education who solve problems, and if people like you don't want my help, you are worthy of not being here. I don't want your free imparting of education, which might lead me to be in a system, where there will be no food chain, forget forests, and men start devouring each other. Your type of educated Indian has an insecurity about Indians like me. You say, 'where will you go?' , not because I might, but because you will be insecure if I do. The dinosaur was a living being, that killed every other living being, then became extinct. This was before the ice age, or I am wrong in my premise. Scientists speak of global warming, when this phenomenon was known before the relativity theory, and they perhaps feel we are going to surely destroy ourselves, and they speak of global warming because of CO2 (Carbon Dioxide) accumulation. I mean, scientists are speaking like this? Because people like you will panic, later, and start behaving in what way?

 And, ministers like Renuka Chaudhary speak of women's emancipation, when she has a house in Hyderabad, has women working there, and she is a minister or M. P., in New Delhi? Am I against women's emancipation, or should I wonder? Ms. Chaudhary doesn't need any consideration, favour, etc., because she might appear arrogant to my perception, and I might misunderstand her understanding, and I think that I have. I don't remember her or think about her, most of the time. People like you, and the minister, want me to consider that you have to impart instruction and education to me, it appears to me, and further it appears, that it is a chore, a bother, and the M. P. is mindful, when she gets her pay as M. P. that the amount is Rs. 1 lakh. It's as if she is lobbying for a raise, or cabinet post, when it might not be so. I don't want to be associated with polity, politics, M. P.'s or ministers, if I can avoid it, vigorously. This idea of educating, would not have come to you, if you were not, and I cannot say, that you have not educated yourself.

Aditya Mookerjee, Belgaum
16/D-27
Mar 20, 2013
08:22 AM

Aditya Mookerjee,

I did not mean to imply that you are uneducated and apologise if I gave that impression. Only, that in this instance your comments are based on a misunderstanding of the position. Please ignore the second sentence of my previous post and read the rest.

Bonita, Chennai
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