Although legal experts say the concerned US Consulate General official is armed with diplomatic immunity from any offence, a debate has cropped up among lawyers about his diplomatic impropriety in an Indian court. Last week, Vice Consul of the Consulate General of USA Brian Heath had moved an application before Additional Chief Metropolitan Magistrate Usha Iyer to meet an NRI, Bhupendra Kapadia who's held in a smuggling case.

As his application quoted Article 56 of the Vienna Convention on consular relations that gives certain immunities to diplomats, the magistrate demanded a copy of the article and also asked Heath why he wanted to meet the accused. To this, Heath replied that the court had no business to know the reasons.

Heath neitherreplied to the show cause notice nor did he appear personally before the magistrate on the next occasion, November 18, prompting the court to direct the prosecution (the customs) to verifying his identity and submitting a report on November 25.

Section 10 of the Contempt of Court Act, 1971, does not empower a magistrate to take action for contempt against any person, more so a diplomat. It is the high court which has to take cognizance of such an offence committed in a lower court following a reference made by the concerned magistrate, according to the former advocate general of Maharashtra, C J Sawant.

Former Bombay High Court judge A Y Sakhare says, ``Being a diplomat, the officer will get immunity in keeping with the Geneva Convention or the existing treaties between the two countries. Let alone the issue of his arrest for contempt, he cannot be tried in an Indian court for any offence committed''.

Satish Maneshinde, noted criminal lawyer, however, says diplomatic immunity does not mean that theofficer should show disregard for the court or make his conduct objectionable before a magistrate. ``No person is above the law, howsoever highly-placed he may be,'' feels Maneshinde. Moreover, he added, the concerned official had not yet come before the court to claim diplomatic immunity. ``Let him do so by appearing before the court''.

Sakhare, however, felt that the issue was blown out of proportion because whatever offence a diplomat allegedly commits in India, he cannot be tried here. At the most, he has to be deported to his country of origin which may try him for any such offence as per its laws.

All eyes are now set on November 25, when the customs submit their report before the concerned magistrate who may either drop the issue in toto or refer the matter to the High Court, say experts.