Chakshu Roy

The law and short of it


Chakshu Roy

Ambassador breaks vow to Supreme Court on Italian marines case, drives row

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Italian ambassador

India is mulling whether to ask Italian ambassador Daniele Mancini to go back after he reneged on his assurance to Supreme Court, that the two Italian navy officers who killed Kerala fisherman would come back to India, whenever required.

The Italian ambassador had given this assurance to Supreme Court in an affidavit.

A Bench led by Chief Justice Altamas Kabir relied on an affidavit by the Italian ambassador that the accused marines Massimiliano Lattore and Salvatore Girone could not cast their votes through postal ballot while permitting them to travel on an undertaking by the ambassador.

"We are inclined to allow the prayer. The petitioners are bound by the orders of this court dated January 18, as also Italian laws. Republic of Italy shall take full responsibility to ensure they comply with all the conditions and come back as scheduled," it said.

Asserting that the investigation against them during the last one year has been found to be "illegal", the marines had sought to travel back to Italy for four weeks since the legal process was apparently going to take time and they could, if allowed to travel, exercise their franchise in the upcoming election.

Asked to clarify their stand, Centre's Additional Solicitor General P P Malhotra contended that it should first be ascertained that postal ballot was not allowed in Italy. In response, the marines' counsel adduced the Italian ambassador's affidavit in this regard. The Bench also noted that similar undertaking was given last year when the Kerala High Court had allowed the duo to go to Italy for Christmas.

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