Envoy cannot claim diplomatic shield: SC

Court extends restriction on his leaving India till April 2

The Supreme Court on Monday extended the order restraining Italian Ambassador to India, Daniele Mancini, from leaving the country till April 2. Though his counsel claimed "total diplomatic immunity" for the envoy, the Chief Justice of India (CJI), Altamas Kabir, asked him some tough questions.

Kabir pointed out that the ambassador came as a petitioner before the court and had given an "unconditional undertaking" to the court that the two marines who were accused of killing two fishermen off the Kerala coast would return after four weeks, if the court allowed them to go to Italy to cast their votes in the elections there. But, he said, after the recent developments, "we have lost our trust in him".

The CJI, presiding over a three-judge Bench, observed "We did not expect this from you". He reiterated that one who came as a petitioner before the court could not claim immunity. "Some people have written we have been naive to allow the marines to leave the country," the judge said, asking, in a hurt voice, "What do they think of our judicial system?"

DIPLOMATIC IMMUNITY: SOME RECENT ISSUES

2003: Munir Akram, Pakistan's envoy to the US, assaults a woman. The New York Police Department seeks withdrawal of diplomatic immunity. But nothing comes of it and the case has to be dropped

2011: Raymond Davis, a US CIA contractor, shoots two in Pakistan. He is charged with homicide and jailed. The US launches a campaign for his acquittal; cites diplomatic immunity. On payment of blood money, the court acquits Davis

2011: Koura Moussa, former Libyan minister, seeks asylum in the UK after defecting from Muammar Gaddafi's Cabinet. He is given safe passage, but warned that he would be probed and charged for his role in the 1988 Lockerbie bombing and diplomatic immunity would not apply

The two marines were expected to return on March 22. When the court asked the envoy's counsel, Mukul Rohtagi, whether they would return, he replied he had no instructions. The judges observed there was still time for them to return. "We want our order to be carried out." This means all authorities in the country shall ensure the envoy does not leave India.

Attorney General G E Vahanvati submitted to the court a new note verbale received by the external affairs ministry on Friday, asserting diplomatic immunity for the envoy. The counsel said the ministry was fully mindful of international obligations.

This note reminded India of "the obligations relating to protection of diplomatic agents, as enshrined in the Vienna Convention, 1961... Any restriction to the freedom of movement of the Ambassador of Italy, 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, dignity and function."

It further said Italy expected the external affairs ministry would ensure "full compliance with the privileges and immunities contemplated in the convention and... no Indian authority shall impose or implement restrictive measures on the personal freedom of the ambassador." The note verbale also expressed its confidence that the ministry would take steps to protect the personal safety of the envoy and his staff as well as the security of the embassy premises and the consular missions in Mumbai and Kolkata.