Italian marine release: UN Tribunal has affirmed faith in SC, says Arun Jaitley

NEW DELHI: The UN arbitration tribunal’s order allowing an Italian marine facing trial in a murder case to return home pending proceedings has affirmed the Supreme Court’s authority, finance minister Arun Jaitley said in the Lok Sabha on Tuesday. But the main Opposition, Congress, rejected the stand and alleged there was “a secret deal behind the release of the marine”.

Led by party president Sonia Gandhi, the Congress staged a walkout indicating Congress’ counter-strategy for the AgustaWestland debate.

Making a statement in the House on behalf of external affairs minister Sushma Swaraj recovering from pneumonia, Jaitley made two points to buttress the government’s interpretation of the tribunal order: The tribunal has confirmed Italy’s obligation to return Sergeant Girone to India in case India’s jurisdiction over him is established.

The tribunal has also left it to the Supreme Court of India to fix bail conditions. “We see the tribunal’s order not just as a recognition of India’s consistent positions and key arguments but also as an affirmation of the authority of the Supreme Court of India,” said Jaitley.

Maintaining that the issue of jurisdiction is yet to be even argued before the tribunal and the “limited relief” given on humanitarian considerations has been made contingent to the clear cut undertakings provided by Italy that Girone will return to India in case its jurisdiction is established, Jaitley said: “the tribunal noted that while Italy had earlier made a far-reaching request that, if granted, would have removed Sergeant Girone entirely from the reach of India’s legal system.

This time, Italy was only requesting India to relax the bail conditions to enable him to return to Italy. In doing so, Italy was prepared to accept that he remained under the jurisdiction of the courts in India.”

Later in the day, Congress leader Jyotiraditya Scindia pointed out that on March 31, 2014, Narendra Modi had tweeted “Italian marines mercilessly killed our fishermen. If Madam is so ‘patriotic’ can she tell us in which jail are the marines lodged in?” Scindia asked,

“So, we ask Modi if you are so patriotic can you tell the people of Kerala and rest of India that one marine is already in Italy and another who is not even in jail and staying at the Italian embassy will soon be escorted to Italy by India...”

Scindia demanded to know “the details of quid pro quo between Modi government and Italian authorities to release the marine?” Why didn’t Modi government “pursue the strong legal case filed by the Kerala government”.