Italian envoy can’t hide behind immunity shield
By virtually dismissing the Italian envoy’s contention of having diplomatic immunity and maintaining its earlier restrictions on his movement, the Supreme Court has given the clear message that it will not allow technicalities to swamp the larger cause of justice. The apex court is clearly not going to let Italian Ambassador to India Daniele Mancini get off the hook as facilely as the latter wishes to. On Monday, the Supreme Court dismissed Mr Mancini's argument for diplomatic immunity on the ground that one who had come to court as a petitioner cannot later claim immunity from it. let us not forget that it was on the basis of an affidavit which Mr Mancini gave to the court that the two Italian marines on trial in this country for killing Indian fishermen off the Kerala coast in February 2012, were allowed to return to Italy for four weeks to vote in their national election. The marines were released to the custody and control of the Ambassador, and it was his responsibility to ensure that they return to India and fulfil the written assurance which the envoy had given. Therefore, it is only fair that with Rome now refusing to send back the marines, Mr Mancini is held accountable. That the Italian envoy should now claim diplomatic immunity was only to be expected — indeed, Indian authorities should have taken this into careful consideration before accepting Mr Mancini's undertaking.
What was also to be expected was the March 15 note verbale sent to the Union Ministry for External Affairs by the Italian Government that New Delhi must not restrict the movements of the Italian Ambassador to India. In response, Attorney General GE Vahanvati stated in no uncertain terms on Monday that the Government of India remained “mindful of its international obligations”. Thankfully none of this has prevented the Supreme Court from extending its March 18 interim order, preventing Mr Mancini from leaving the country, to April 2. On that day, the case will come up for hearing again. Nevertheless, the Supreme Court's strong and stern response to the Italian envoy, especially its emphasis on the fact that he is not worthy of trust any more, should somewhat help to contain the damage done. By going back on their word, the Italian authorities have not only betrayed the trust reposed in them by the Supreme Court but they have also demonstrated disrespect for the Indian judicial system. India is not a banana republic with kangaroo courts, and and the Italians must be taught this lesson.
Technically, Rome still has until March 22 to send back the marines, but there is no evidence to suggest that the undertrials will return. In its note verbale, Italy made clear that India hasn’t any jurisdiction over an incident that technically did not happen in India's territorial waters — a position that it had taken when the matter first erupted. Italy has stuck to that since then. On its part, there is no denying that India has handled the case of the Italian marines in a particularly clumsy manner, which is one of the reasons why Italy dared to thumb its nose at us. Now that the Supreme Court has taken the view that it is dealing with one Mr Mancini who failed to keep his word, perhaps it’s time for the Union Government to declare him persona non grata.