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Harish Salve, who quit as the Italian government's counsel after it refused to send back two marines accused of killing fishermen, said Italian Ambassador Daniel Mancini breached a solemn undertaking given to the Supreme Court, which can take action against the envoy, including sending him to jail.
"It is said in the law that even an injunction or undertaking to a court which has no jurisdiction, if breached, you are in contempt," the senior Supreme Court lawyer said.
Asked whether Italian Ambassador Daniel Mancini breached the solemn undertaking on ensuring return of the two marines to face trial in India and if he is in contempt of the court, Salve said, "Absolutely". On if he felt that the Court will take action against him, Salve said, "...The question is what...We have to wait and see."
To a question whether the Italian ambassador could end up in jail, Salve told Karan Thapar in Devil's Advocate on CNN-IBN, "Theoretically, yes". About its practical likelihood, he said, "Depends on how they want to deal with him. But they can if they want to send him to jail."
Meanwhile, Massimiliano' mother said justice had been done. "Our boys are free to do their duty. Justice has been done," she told NDTV.
She said she was happy that the two were getting back to their work. "Our boys are free to do their duty. Justice has been done," she told NDTV.
Unhappy over the Italian government's refusal to send back the marines, the Supreme Court has restrained the Italian Ambassador from leaving India without its permission. A bench headed by the Chief Justice had also issued notices to the Ambassador and the two marines — Massimiliano Lattore and Salvatore Girone — asking them to file their response by March 18. Salve said he feels the Ambassador will find it "very hard" to explain in court why he breached a solemn undertaking.
Responding to a query on enforcing action against a person enjoying diplomatic immunity, the senior lawyer said, "Our Constitution commands everybody will act in aid and according to directions of the Supreme Court." The two marines were allowed by the apex court to go to Italy to cast their vote in the elections after the Italian envoy had given an assurance to send them back. "Insulted" and "shocked" by Italy's stand on the issue, Salve had quit as counsel for the Italian government.
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Apex Court might pose tough questions Mancini might face tough questions tomorrow from the Supreme Court when it takes up the issue of Italy reneging on its undertaking to send back its marines charged with the killing of two Indian fishermen off the Kerala coast last year. Law minister Ashwani Kumar, who described the Italian government's refusal to send back the marines as "unprecedented", still hoped the Supreme Court's order would be complied with by Italy as the deadline for their return ends on March 22. "The communication by the Italian government declining to send back the marines after giving undertaking to the highest court of the country through its Ambassador is unprecedented," Kumar told PTI today. Some legal experts feel that Mancini could be hauled up by the apex court for contempt and that he cannot take seek diplomatic immunity. "The Prime Minister has already made a statement on the issue (in Parliament). The Attorney General (G E Vahanvati) would convey the government's stand tomorrow depending upon the response of the Italian government in the court tomorrow. "It is sincerely hoped that the order of the Supreme Court will be complied with," he said. Some legal experts feel that Mancini could be hauled up by the apex court for contempt and that he cannot take seek diplomatic immunity. |
