*Italy's ambassador Daniele Mancini today faced the ire of the Supreme court for breaching the "trust" over his undertaking on return of two Italian marines and was told he does not enjoy diplomatic immunity and also barred from leaving the country till further orders.
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The apex court expressed its anguish over the Ambassador "reneging" his undertaking to the court on the return of Massimiliano Lattore and Salvatore Girone, accused of killing two fishermen off Kerala coast last year, to face trial.
"The person who has come to this court as petitioner, we don't think he has any immunity," a bench headed by Chief Justice Altamas Kabir said when senior advocate Mukul Rohatgi appearing for Mancini and Republic of Italy pressed on the issue of immunity during the 45-minute proceedings.
The bench, at the begining of the proceedings, said that it is at present only concerned about Mancini as it was he who had given undertaking to get the accused marines back to India and asked Rohatgi to argue on behalf of the ambassador only.
"We don't trust the envoy anymore... we did not expect him to behave like this," the bench, also comprising justices A R Dave and Ranjana Prakash Desa, said.
"We never expected and we never believed that the Italian Ambassador will renege like this," the bench observed.
The order barring the envoy from leaving the country was extended till further orders by the bench which will hear the matter again on April 2.
The bench while taking exception to Rohatgi's submission said, "We don't go by anything. He has given the undertaking. We are not so naive.
"We don't accept his statement. We don't believe his statement. He has lost trust," the bench said, adding that so many things are being written about the incident including that the apex court was so naive in allowing the marines to leave the country.
The apex court had on March 14 asked Mancini not to leave the country without its permission, taking exception to his government's refusal to send back the two marines to face trial in India in the killing of two Indian fishermen last year.
After Rohatgi, who replaced senior advocate Harish Salve, said he was appearing for Republic of Italy and the Ambassador, the bench told him, "We are concerned with Daniele Mancini. What is your intention Mr Daniele Mancini?
"We are concerned with the intention. Are you going to comply with this order? We are not concerned with anything else," the bench said.
At the begining of the hearing Attorney General G E Vahanvati placed before the bench a copy of note verbale written by Italian government to Indian government.
He said it was intriguing that the note verbale mentions "any restriction to the freedom of movement of the Ambassador of Italy to India including any limitation to his right of leaving the Indian territory, will be contrary to the international obligations of the receiving state to respect his person, freedom, dignity and function."
Vahanvati said the Centre has rejected March 15 note verbale from Italian Embassy in which it also said "the Embassy of Italy expects therefore that the MEA will ensure full compliance with the privileges and immunities contemplated in the Convention and provide reassurance that no Indian authority shall impose or implement restrictive measures on the personal freedom of His Excellency The Ambassador".
The Attorney General said the Italy government appears unaware of the constitutional scheme under which the government functions in India.
Before passing the order today, the bench said the period of four weeks for which the marines were allowed to go to Italy to cast their vote was yet to be over and still they have time to return.
"We respected the undertaking (given by the Ambassador) and we allowed them (marines) to go for four weeks which will end on March 22. There is still time for them to come. Strictly speaking they have not still violated our order," it said. Reported by Deccan Herald 6 days ago.
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The apex court expressed its anguish over the Ambassador "reneging" his undertaking to the court on the return of Massimiliano Lattore and Salvatore Girone, accused of killing two fishermen off Kerala coast last year, to face trial.
"The person who has come to this court as petitioner, we don't think he has any immunity," a bench headed by Chief Justice Altamas Kabir said when senior advocate Mukul Rohatgi appearing for Mancini and Republic of Italy pressed on the issue of immunity during the 45-minute proceedings.
The bench, at the begining of the proceedings, said that it is at present only concerned about Mancini as it was he who had given undertaking to get the accused marines back to India and asked Rohatgi to argue on behalf of the ambassador only.
"We don't trust the envoy anymore... we did not expect him to behave like this," the bench, also comprising justices A R Dave and Ranjana Prakash Desa, said.
"We never expected and we never believed that the Italian Ambassador will renege like this," the bench observed.
The order barring the envoy from leaving the country was extended till further orders by the bench which will hear the matter again on April 2.
The bench while taking exception to Rohatgi's submission said, "We don't go by anything. He has given the undertaking. We are not so naive.
"We don't accept his statement. We don't believe his statement. He has lost trust," the bench said, adding that so many things are being written about the incident including that the apex court was so naive in allowing the marines to leave the country.
The apex court had on March 14 asked Mancini not to leave the country without its permission, taking exception to his government's refusal to send back the two marines to face trial in India in the killing of two Indian fishermen last year.
After Rohatgi, who replaced senior advocate Harish Salve, said he was appearing for Republic of Italy and the Ambassador, the bench told him, "We are concerned with Daniele Mancini. What is your intention Mr Daniele Mancini?
"We are concerned with the intention. Are you going to comply with this order? We are not concerned with anything else," the bench said.
At the begining of the hearing Attorney General G E Vahanvati placed before the bench a copy of note verbale written by Italian government to Indian government.
He said it was intriguing that the note verbale mentions "any restriction to the freedom of movement of the Ambassador of Italy to India including any limitation to his right of leaving the Indian territory, will be contrary to the international obligations of the receiving state to respect his person, freedom, dignity and function."
Vahanvati said the Centre has rejected March 15 note verbale from Italian Embassy in which it also said "the Embassy of Italy expects therefore that the MEA will ensure full compliance with the privileges and immunities contemplated in the Convention and provide reassurance that no Indian authority shall impose or implement restrictive measures on the personal freedom of His Excellency The Ambassador".
The Attorney General said the Italy government appears unaware of the constitutional scheme under which the government functions in India.
Before passing the order today, the bench said the period of four weeks for which the marines were allowed to go to Italy to cast their vote was yet to be over and still they have time to return.
"We respected the undertaking (given by the Ambassador) and we allowed them (marines) to go for four weeks which will end on March 22. There is still time for them to come. Strictly speaking they have not still violated our order," it said. Reported by Deccan Herald 6 days ago.