Thorny decisions ahead for government

Western observers say how India deals with the case of Italy's absconding marines, with the Italian government adamant on not returning them here for any trial, would decide if this country is to be seen as a maturing global power or one engaged in an ego tussle. There have been various instances in recent times, in the West and in this region, of government's trying to protect its personnel from any criminal prosecution in other countries.

Pakistan had a taste of this in the US in 2003, when the New York Police Department got a call from a woman in distress from the residence of Munir Akram, the country's envoy to the US. The district attorney's office pushed hard to prosecute Akram for third-degree assault and also wrote to the US state department to seek withdrawal of diplomatic immunity. The state department did make such a request to Pakistan but nothing came of the effort.

In 2011, Raymond Davis, a former US Special Forces soldier, shot two Pakistan men, allegedly in self defence, and was jailed. The US mounted a huge operation to defend him; a threat to withdraw aid money was also used as a tactic. "We believe diplomatic immunity is a fact. From our standpoint, it is not a matter of dispute. It is certainly not a matter that should be resolved by courts in Pakistan," a US state department spokesman said at a press conference, causing outrage in Pakistan. Davis was eventually acquitted following payment of "blood money" (compensation to the kin) and returned to the US.

The previous Indian case of invoking diplomatic immunity against a criminal offence was of Anil Verma, an IAS officer posted in London at the high commission. After an alleged assault on his wife, who complained to the local police, Verma was simply withdrawn from his assignment and told to return to India.

BLOOD, DISTRUST & LEGALESE

Feb 15, 2012: Ajesh Binki and Valentine aka Gelastine, from Tamil Nadu and Kerala are killed by two Italian marines, Salvatore Girone and Massimillano Latorre off the coast of south India, who mistook their vessel for a pirate's. The marines were providing security for an oil tanker, MV Enrica Lexie

Italian govt says it was a regrettable accident, in international waters. Indian govt says it took place within Indian territorial waters and, so, under Indian jurisdiction

Feb 16: Italy's ambassador summoned to foreign ministry and official protest lodged.

Feb 19: Kerala police charge the two marines with homicide and take them into custody

Dec 19: Italian foreign ministry summons Indian ambassador and expresses "strong disappointment and profound bitterness at the delay in the judgment in the case"

Dec 20: Kerala High Court allows both marines to travel to Italy for 2 weeks, for Christmas

Feb 20, 2013: Marines granted a new permit, allowing them to return to Italy, this time for four weeks, to vote in the general election

Mar 11: Italian foreign ministry tells India the marines will not return to face charges

Mar 12: PM Manmohan Singh says it is unacceptable for Italy to refuse to send back the marines

Mar 14: SC of India restrains Italy's ambassador, Daniele Mancini, from leaving India