Monday, March 18, 2013

Italian ambassador in SC

The whole issue is getting uglier and uglier day by day. So far it was the question of Marines. Even in the case of Marines there were two phases. First phase when Kerala government went  hammer and tongs to punish the killer Marines who killed two innocent Kerala fishermen. That is as per Kerala version to which I do not contribute. It is just the belligerent attitude of Kerala.  For one year Kerala spat fire like a  dragon. Unfortunately for Kerala Supreme Court poured water on the head of the dragon and suddenly made it to put its tail behind its legs. Then next was the limbo phase. Technically speaking the Marines cannot be called prisoners. Because whatever action was done by over zealous Kerala was wrong. They had no authority to arrest the Marines or detain the ship or anything. Supreme Court has said clearly that Kerala has no authority to try the case. It was to be tried by a special court in fact an Admiralty Court which has jurisdiction for anything happening beyond the shores of the country. As Mr.Harish Salve has said in an interview Supreme Court could have pronounced the illegality of the arrest when the Supreme Court pronounced that Kerala court has no jurisdiction to try the case. The Marines should have been released from prison directly and allowed to go back to Italy. But it was messed up by putting them under the jurisdiction of Chanakypuri Police Station. It is during this limbo state the two marines went to Italy. So technically they cannot be prisoners and hence should be free to go back to Italy. Now the only issue is they have assured that they will return to India and for that the Italian ambassador has stood surety.  Now there are these questions.  1. If someone is held illegally by a government and escape from the captivity is it a punishable act? Since the detention itself was illegal how the escape is punishable?  2. In the same vein can any one who stand surety for this act  be liable for punishment as the whole thing was illegal.  3. Then when the international law which in this case is the Vienna Convention states without any ambiguity that an accredited ambassador enjoys diplomatic immunity how the envoy can be restricted in his movements. Submitting an application is in no way agreeing for the authority of that body on the applicant. In this case what Mancini has agreed is only that Supreme Court has authority over the Marines who were under the custody of Supreme Court. Not agreeing for the authority of the Supreme Court over Mancini himself. I feel very much that Italy should go to the International Court of Justice and is sure to get proper justice.

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