Mar 18, 2013, 07.06 PM | Source: PTI



The apex court had on March 14 asked Mancini not to The apex court had on March 14 asked Mancini not to leave the country without its permission, taking exception to his government's refusal to send back the two marines to face trial in India in the killing of two Indian fishermen last year. After Rohatgi, who replaced senior advocate Harish Salve, said he was appearing for Republic of Italy and the Ambassador, the bench told him, "We are concerned with Daniele Mancini. What is your intention Mr Daniele Mancini? "We are concerned with the intention. Are you going to comply with this order? We are not concerned with anything else," the bench said. At the begining of the hearing Attorney General G E Vahanvati placed before the bench a copy of note verbale written by Italian government to Indian government. He said it was intriguing that the note verbale mentions "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." Vahanvati said the Centre has rejected March 15 note verbale from Italian Embassy in which it also said "the Embassy of Italy expects therefore that the MEA will ensure full compliance with the privileges and immunities contemplated in the Convention and provide reassurance that no Indian authority shall impose or implement restrictive measures on the personal freedom of His Excellency The Ambassador". The Attorney General said the Italy government appears unaware of the constitutional scheme under which the government functions in India. Before passing the order today, the bench said the period of four weeks for which the marines were allowed to go to Italy to cast their vote was yet to be over and still they have time to return. "We respected the undertaking (given by the Ambassador) and we allowed them (marines) to go for four weeks which will end on March 22. There is still time for them to come. Strictly speaking they have not still violated our order," it said. PTI SJK AAC RKS GSN


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