Information and Broadcasting Minister Arun Jaitley on Tuesday explained in the Parliament that the United Nations Tribunal order on Monday in no way undermines or questions the authority of Supreme Court of India but only “affirms” it.
Making a statement in both lok Sabha and Rajya Sabha on behalf of External Affairs Minister Sushma Swaraj, who is unwell, Jaitley said the Tribunal has confirmed Italy’s obligation to return Sergeant Salvatore Girone to India in case India’s jurisdiction over him is established by the Tribunal.
The Tribunal is adjudicating the limited question of whether India or Italy has the jurisdiction to try the two marines for the killing of two innocent Indian fishermen in 2012 off India coast. Only after the Tribunal decides which country has jurisdiction, will the criminal trial commence. Pending this final decision of the Tribunal, both marines are currently on bail on orders of the Supreme Court and will continue to remain under its jurisdiction till the verdict of the Arbitral Tribunal.
“We see the Tribunal’s order not just as a recognition of India’s consistent positions and key arguments but also as an affirmation of the authority of the Supreme Court of India,” said Jaitley, adding the Tribunal has left it to the Supreme Court to fix precise conditions of his bail.
Jaitley said the issue of jurisdiction, which is “at the heart” of the case, is yet to be even argued before the Tribunal and the “limited relief” given on humanitarian considerations has been made contingent to the clear cut undertakings provided by Italy that Girone will return to India in case its jurisdiction is established.
“The Tribunal noted that while Italy had earlier made a far-reaching request that, if granted, would have removed Sergeant Girone entirely from the reach of India’s legal system. This time Italy was only requesting India to relax the bail conditions to enable him to return to Italy. In doing so, Italy was prepared to accept that he remained under the jurisdiction of the courts if India. In essence, they proposed to change the physical location of Sergeant Girone’s bail without prejudice to the authority of India’s courts,” Jaitley said.
“As a nation that respects international law, India will pursue its case vigorously before the Tribunal and fight for the rights of the victims,” he said and assured the House that the Government in due course will approach the court for its directions on the matter. “Members would recall that we even had a situation where the sovereign undertaking given by Italy to the Supreme Court of India was sought to be repudiated,” he said.
The Congress expressed unhappiness over the way the case is being handled by the Government and members, including Sonia Gandhi and Rahul Gandhi staged a walkout, expressing unhappiness after Speaker Sumitra Mahajan did not allow them to ask questions on Jaitley’ statement.