Roman Betrayal: Options before the government are limited, Mancini may pay price for 2 marines

NEW DELHI: The Centre is left grappling for options in the wake of rising chorus demanding immediate action against Italian ambassador Daniele Mancini, who gave an undertaking in the apex court that he would ensure the return of the marines facing trial here before March 22.

A law ministry official said: “On the one hand we have the Vienna Convention, on the other there is this whole issue of sovereignty of Indian courts. The options before the government are limited.”

The leader of opposition in the Rajya Sabha, Arun Jaitley, said in the House: “The ambassador had on behalf of the government of Italy submitted to the Supreme Court. Once you have submitted, you don’t have diplomatic privileges.” He said a post-constitutional treaty such as the Vienna Convention did not override the Constitution.

A provision in the Vienna Convention might also apply in this case. Article 32(3) of the treaty says: “The initiation of proceedings by a diplomatic agent or by person enjoying immunity from juris-diction under article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counterclaim directly connected with the principal claim.”

Bereft of legalese, it means if a person who enjoys diplomatic immunity initiates a legal proceeding in a host country, he cannot claim immunity from the fallout of that legal proceeding. In this case, it means if a contempt of court proceeding is initiated against Mancini, he will not be able to claim immunity.

“A contempt of court proceeding should be initiated against the ambassador. Let him argue on the merits. If he claims diplomatic immunity in his response, then only we need to worry about it,” ex-AG Soli Sorabjee told ET.

Harish Salve, the senior advocate who represented the marines in SC, said there is no precedent for such a situation. “Let’s say I am not sure that he cannot be prosecuted for contempt...The Supreme Court can act on the basis of the unconditional statement.”