Comments to NYT

1. To say that Mancini reneged his word is not really right. It is Italy the country which has refused to send back the Marines for whose departure to Italy, Mancini has stood surety. He has promised their return and he could not keep his promise. It is not he who has refused to send the marines back.(Of course the time is not yet over as the last date is 22nd March) But since the Italian government has informed that it does intent to send the marines back to India that it is a closed thing as of now. The important question is can the Supreme Court of India restrict the movement of an accredited diplomat of another country who enjoys diplomatic immunity as per Vienna Convention ? The interesting thing is many former diplomats are of the opinion that the ambassador enjoys diplomatic immunity and cannot be restricted or punished but all the luminaries of law think otherwise and that the diplomat has lost his immunity once he submits himself to the Supreme Courts authority. But here also it is a tricky question. He only has applied for the release of the Marines for one month and has stood surety for their return to India. Can that act be construed as an act of submitting to the authority of Supreme Court. This question should actually should be decided by an International authority and not by the court of a country. It is something what can affect the whole diplomatic structure and behaviour. There is another interesting angle. Were the two marines prisoners at all? (contd)
2. 

   • Guptan Veemboor
   • Bangalore

   (contd) There is another interesting aspect. Supreme Court has in its order of 18th Jan. has quashed all the case filed by Kerala State stating that the Kerala Government has no authority to try the case and it should be done by a special court to be set up by Central Government. It actually amounts to the fact whatever Kerala government has been doing was illegal. It has no right to arrest the marines or keep them in custody. It is evident when Supreme Court instructed to shift the Marines immediately to Delhi. So they were to be charged for the crime afresh in a court to be set up under the guidance of the Supreme Court and it is not clear who will formally charge them. So they were not prisoners of any authority. They were only being detained. Unless officially charged and arrested but only detained unofficially and if such persons escapes, is it a crime? If anyone helps will it constitute a crime? Italy should approach the International Court of Justice at The Hague for redress. A state in India has arrested illegally its two officers from International waters, imprisoned them illegally and detained the ship for three months illegally causing much monetary loss. Let that court decide which will be a precedence for disputes between countries like this.