There is no case against the Italians
The Italian envoy gives a personal affidavit. The commitment is exactly on the same basis as in HC that the marines would be under the control and supervision of the Italian government.
By Samanwaya Rautray, ET Bureau | Updated:
What is your reaction to the Italian government’s decision?
It is an unprecedented situation, they invoke the jurisdiction of the Supreme Court, give a personal undertaking. The Italian envoy gives a personal affidavit. The commitment is exactly on the same basis as in HC that the marines would be under the control and supervision of the Italian government. They are by law and by honour bound by their undertaking to send them back (by Feb 22, 2013).
Will you represent Italy in the case any more?
The Italian government should have, in the least, forewarned its Indian lawyers of the change of position before communicating it to the Government of India. I have sent a communication to the ambassador withdrawing from the case. This is completely breach of faith. The SC in its nobility and grace agreed to their request. Strictly speaking there is no case against them as it has been quashed.
What are the legal options for the government in SC?
Where a sovereign republic has invoked Article 32 of SC, given an undertaking, whether it would be immune from contempt of court? They were recalled, allowed to travel on a personal undertaking filed by the Italian ambassador. The government agreed to this as a friendly gesture to a friendly country. The Italian government could have under UNCLOS got an interim order (from a maritime court abroad), but chose to go to SC. The court in its grace and nobility allowed them to go. They have betrayed the trust.
Can the Italian ambassador be prosecuted?
I am not sure if diplomatic immunity will prevail. Let’s say I am not sure that he can’t be prosecuted for contempt despite his diplomatic immunity. SC can act on basis of unconditional statement. Till March 5, they were seeking more time to stay on.
It is an unprecedented situation, they invoke the jurisdiction of the Supreme Court, give a personal undertaking. The Italian envoy gives a personal affidavit. The commitment is exactly on the same basis as in HC that the marines would be under the control and supervision of the Italian government. They are by law and by honour bound by their undertaking to send them back (by Feb 22, 2013).
Will you represent Italy in the case any more?
The Italian government should have, in the least, forewarned its Indian lawyers of the change of position before communicating it to the Government of India. I have sent a communication to the ambassador withdrawing from the case. This is completely breach of faith. The SC in its nobility and grace agreed to their request. Strictly speaking there is no case against them as it has been quashed.
What are the legal options for the government in SC?
Where a sovereign republic has invoked Article 32 of SC, given an undertaking, whether it would be immune from contempt of court? They were recalled, allowed to travel on a personal undertaking filed by the Italian ambassador. The government agreed to this as a friendly gesture to a friendly country. The Italian government could have under UNCLOS got an interim order (from a maritime court abroad), but chose to go to SC. The court in its grace and nobility allowed them to go. They have betrayed the trust.
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Can the Italian ambassador be prosecuted?
I am not sure if diplomatic immunity will prevail. Let’s say I am not sure that he can’t be prosecuted for contempt despite his diplomatic immunity. SC can act on basis of unconditional statement. Till March 5, they were seeking more time to stay on.
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