Saturday, March 16, 2013
Times of India article on choice for Italy
"Italian
Ambassador to India, DanieleMancini, risks becoming the first-ever
foreign diplomat to be hauled up for contempt of court". So says a
report in the Times of India. And simultaneously India can enter into
Guinness Book for being the first country to haul up an accredited
diplomat, an ambassador to the court for the reason that he stood surety
to two of his military personnel who were supposed to have murdered two
Indian citizens while discharging their duty to protect the ship in
which they were sailing. All are hazarding guesses to what will happen
tomorrow 18th March 2013 at the Supreme Court. Every Tom, Dick and Harry
or rather Amar, Akbar and Anthony is full of expectation that Supreme
Court will punish him for breach of promise. All expect Supreme Court to
behave like Queen of Hearts in Alice In Wonderland. What Supreme Court
has done in this
matter so far is, on the basis of the communication from the
Government of India that Italy has informed that it is not going to send
back the two marines for whom the ambassador has stood guarantee when
they went to Italy to ask the ambassador not to leave India till
Monday. It has not instructed the government to seal all the airports
against his departure. It was the Home Ministry's overdrive which sent
instructions to airports and immigration authorities to see that the
ambassador do not tries to escape. Neither the ambassador has shown any
tendency to leave India. On the contrary he has told unless he is
declared persona non grata he intends to remain here in India.
Government is behaving like the Chaupat Raja of Andher Nagari. The issue
is of punishing the marines for the alleged crime. Will it be deemed
that they have been punished only if they face trial in person and
answer all the question put by the court and finally the court
sentence them? Is it very much necessary that they are hanged for the
murder or put in prison for many years? Will it not do if they are tried
in absentia and if found guilty sentenced? I think there are instances
where perpetrators of crime have been punished in absentia. The public
and government want to see them actually punished. To be put in jail
uniform and breaking stones or whatever they do if punished for hard
labour. That is if the judge do not feel that their crime is one of the
rarest of rare. Why can't this case be tried in an international court
as the argument that whether the shooting happened in Indian waters is
not a clearly established fact as it happened in contiguous zone. It is
only India's contention. Let an international court decide it. Next time
if anything like this happen beyond contiguous zone then also it could
be argued that it is within the 200 nm limit of economic zone and the
country has right to try any cases of happenings
there. India is not aware that there can be a same situation where the
roles are reversed. Before that it will be good if the thing is settled
in International court so that it will create a precedence.
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