Fact 1
The order of the supreme court dated February 22, 2013, couldn’t have been kinder (please see attachment, starting with Pt. No. 9). When told by Harish Salve, counsel for the two Italian marines accused of murder of Indian fishermen in the high seas, that the marines don’t have their passports – the documents having been impounded in Kollam and the Kerala authorities having dispatched them at their own sweet pace via post – the Indian judges asked fresh travel documents be issued.

The judges, led by justice Kabir, took pains to instruct the home ministry to ensure that special entry and exit visas were granted to the two Italian marines, chief master sergeant Massimilano Lattore and sergeant Salvatore Girone, via the foreigners regional registration office (FRRO). Justice Kabir, in his kindness, also ensured that there was no slip-up amid the multiple agencies involved on the Indian side; so he instructed that the central industrial security force, the bureau of immigration (which reports to the IB), and Indira Gandhi international airport cooperate fully.

Fact 2
Italian envoy to New Delhi Daniele Mancini has been made out to be the worse guy our side of the Suez. He’s been issued a demarche by foreign secretary Ranjan Mathai and is the butt of much anger and ridicule. All of can be justified. But only by lazy people. Was Mancini even aware what his bosses in Rome were up to? My information is that he only got a fait accompli three hours before New Delhi was tersely told that the two marines won’t return. Rome’s dare is only matched by its contempt for its own envoy. Result? The man has been left defenceless in a foreign land. Under powers vested in the supreme court under Article 142, he can be seriously embarrassed. His accreditation can be revoked, his privileges withdrawn, and he be made part of contempt proceedings. I realize this is unprecedented in the annals of India’s foreign relations, but so is the shocking breach of undertaking on affidavit which Manchini, unwittingly, has ended up signing on behalf of the people of Italy.

Fact 3
The statement issued by senior counsel Harish Salve on Wednesday deserves to be reproduced in full. It shows how Rome has put a good man’s honour at stake, its decisions known to them via the media! It also shows that Salve – and as Fact 4 below will bear out – chose to be, first and foremost, officers of the court; not victims of lush fee/retainers that they get from the Italians.

“I was shocked to find out on Monday evening, through the media, that the Italian government had reneged on its assurance given to the supreme court that the marines would be produced before the appropriate Indian legal authorities on or before the expiry of the period during which there are permitted to visit Italy by the supreme court of India.

“The Italian government elected to subject itself to the jurisdiction of the supreme court of India and made itself subject to the jurisdiction of the court.

“It was on this basis that the hon'ble supreme court heard the petition challenging the jurisdiction of the state of Kerala to arrest the marines and to initiate legal action against them.

“While the case was pending in the supreme court, the Italian republic, through its lawyers in Kerala sought permission of the Kerala high court for the marines to visit Italy for Christmas. This request was agreed to by the government of India, as a noble gesture, and on an undertaking by the Italian republic to bring back the marines, the high court allowed the marines to travel to Italy for Christmas. This undertaking was honoured, and the marines were brought back to India.

“The supreme court in its judgment, held that the marines would require to be tried by a court to be set up by the union of India, and in the meanwhile, at the request of the Italian republic, the supreme court directed that the marines be under the custody of the supreme court, and permitted them to shift to Delhi and to remain on bail subject to reporting to the Chanakyapuri police station.

“After the judgement of the Supreme Court, the Italian government desired that the Marines be permitted to visit Italy to vote in the general elections, and also to visit home, during the time it would take for the union of India to constitute a court for their trial.

“Thus leave was sought from the supreme court for their visit to Italy, on the basis of an undertaking given by the Italian government. The language of the undertaking was finalised by the legal office in Rome and with inputs from the office of the honorable prime minister of Italy.

“It was an act of faith in a friendly government that the government of India did not oppose this request, and an act of grace on the part of the supreme court of India to grant the permission sought for.

“The option of invoking remedies in public international law was always available, but the Italian government expressed faith in the Indian judicial system by acceding to the jurisdiction of the supreme court of India. The decision to renege on its undertaking is therefore unfortunate.

“As senior counsel, we are officers of the court in the first instance and our primary duty is to the court. I consider this action of the republic of Italy as a breach of faith. It is my perception that the Italian government should have, in the least, forewarned its Indian lawyers of the change of its position before communicating it to the government of India.

“In these circumstances, I have informed the Italian ambassador that it will no longer be possible for me to appear for me to be associated with this case.”

Fact 4
In continuation with Salve’s “Ciao,” a statement by Titus & Co., advocates and legal counsels of long standing for the republic of Italy shows the utter contempt with which our entire legal system has been held.

“Titus & Co. came to know of the decision of the government of Italy not to return the two marines to India only through media reports late night on Monday, March 11, 2013. We were not informed, consulted or forewarned at any point of time concerning this decision of the government of Italy. We have advised that this matter be resolved by the government of Italy at the very earliest in accordance with the undertakings given to the hon’ble supreme court of India and in compliance with the February 22, 2013 order of the hon’ble supreme court of India.”

Suggestion
Both statements and the order of India’s apex court commended above deserve to be viralled. People across the world must know what to expect if Rome swears anything on affidavit! Lawyers must know what a mob they’re dealing with.

Viralling the SC order would also put pressure on our “bebas” prime minister to walk the talk.

I suspect though that justices Kabir, Dave and Sen will have to take the lead. Go get them, your lordships!