The Supreme Court on Monday blasted Italy and its envoy Daniele Mancini for going back on the undertaking to send the two Italian Marines back by March 22 and restrained Mancini from leaving India till April 2, when it will hear the matter again.
After Italy issued a fresh note verbale on March 15 urging India to honour the Vienna Convention, its envoy told the Supreme Court that diplomatic immunity shielded him from any legal consequences. But the bench was in no mood to tolerate the violation of its order.
Dismissing the stand taken by Mancini, the bench headed by Chief Justice Altamas Kabir said: “A person who comes to court and makes an undertaking has no right to say so.”
The apex court said it had permitted the Marines to go home on sovereign guarantee after the Italian Government and its ambassador submitted to the SC’s jurisdiction.
The SC said it would be unacceptable to argue diplomatic immunity after voluntarily subjecting to the court’s jurisdiction.
The bench, also comprising Justices AR Dave and Ranjana Desai, fixed April 2 as the next date of hearing.
When senior advocate Mukul Rohatgi assured the Court that his client would remain within the country, the bench shot back: “We won’t go by anything he says anymore. He has lost our trust.”
The bench asked Mancini if the Marines would return by March 22 to which Rohatgi stated that his client had acted on instructions of his Government. With the position having changed, he had no further instructions in the matter, he said.
Taking serious exception to Italy’s volte face, the bench said: “What do they (Italy) think our courts and our judicial system areIJ We never expected the Republic of Italy to behave in this manner.”
The court even ignored the note verbale communicating the change of stand by Italy maintaining: “We are not concerned with anything that their Government has said to our Government.”
Referring to criticism that the SC acted “naively” by allowing a comfortable exit to the Marines, the bench said: “Strictly speaking, they have not violated our order yet, since the Marines have time till March 22 to return to India and comply with the SC’s order.”
Attorney-General GE Vahanvati urged the Court to clarify the order restricting Mancini from leaving the country in the light of the fresh note verbale of March 15. But the court remained unimpressed. In the note, Italy demanded that the Indian Government ensure personal safety to its envoy and security of all its installations.
“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.”
“The Government of Italy is unaware of the Constitutional scheme under which our Government functions,” the AG said, informing the Court that the fresh demand by Italy had also been rejected by the Ministry of External Affairs (MEA).
The Centre had brought to the Court’s notice Italy’s refusal to send the Marines back, terming the same as unacceptable since it involved the dignity and honour of the highest court of the country.
On an application by the MEA, the apex court issued a notice to the Italian Ambassador. Meanwhile, a separate contempt petition filed by Janata Party president Subramanian Swamy is expected to come up for hearing on the next date of hearing.