Forget diplomacy, this is ‘enemy action’, says Jaitley on Italy
14 March 2013 7:40 AM IST
Leader of Opposition in the Rajya Sabha Arun Jaitley on Wednesday said Italy’s decision not to return its marines guilty of killing Indian fishermen was ‘enemy action’ and urged India to ‘forget diplomacy’ and take action.
Raising the issue in the Rajya Sabha, Jaitley also said that the government should consider action against the Italian ambassador.
‘This is an outright fraud against the government of India and Supreme Court by a sovereign nation. This is a case of state-sponsored abduction,’ Jaitley said.
‘They have broken every rule of democracy, it is time for the government of India to act. This now must be treated in the category of enemy action,’ he said.
He also said that since the Italian ambassador had given an undertaking in the Supreme Court, action could be initiated against him.
‘The ambassador had on behalf of the government of Italy submitted to the Supreme Court. Once you have submitted, you don’t have diplomatic privileges,’ he said.
‘The law minister may examine the post constitutional treaties, including Vienna convention... it cannot overwrite the constitution of the country. We should forget diplomacy,’ Jaitley added.
SALVE TRASHES ITALIAN MARINES’ CASE
‘Insulted’ and ‘shocked’ by Italy's stand on the marines issue, senior Supreme Court advocate Harish Salve has quit as counsel for the Italian government in the fishermen killing case.
Salve said that now it is ‘a question of Indian prestige’ and the government will be ‘justified’ in the tough steps it takes in the matter after the Italian government refused the return of two marines, charged with killing of two Indian fishermen last year.
‘I am an Indian first and then a senior counsel and after that comes my duty to my client and I feel insulted.I feel that first of all we are officers of court and secondly in a matter like this, the client has to take you into confidence and if the client does not have confidence in you, I think we owe it to the system not to continue,’ he said. Now its a question of Indian prestige, prestige of the Supreme Court, prestige of all of us is at stake and I think that Government of India will be justified in the toughest steps it takes,’ he said.
Salve said the Italian government's conduct was’disappointing’ especially after they had ‘acceded’ to our jurisdiction and the apex court had taken up the case out of turn and had even given a ‘substantial relief’ by quashing the proceedings in Kerala and shifting it to Delhi.
CENTRE’S RESPONSIBILITY TO BRING BACK MARINES: CHANDY
Amid anger back home, Kerala chief minister Oommen Chandy on Wednesday met Prime Minister Manmohan Singh to press that the Centre should act to bring back for trial the two Italian marines who are accused of killing two fishermen.
Terming Italy’s decision not to send back its marines as a ‘diplomatic tragedy’, he said they should not escape under the garb of diplomatic status and it is the responsibility of the Centre to ensure their return to stand trial here.
Kerala chief minister Oommen Chandy, whose Congress-led UDF government came under attack from Opposition over handling of the issue, was critical of Italy, saying it used diplomacy as a ‘weapon to cheat’ another nation’s apex court and ‘shield’ the killers.
‘There will be no compromise on this issue. The marines should be tried under Indian law. Diplomatic status should not be used as a weapon to cheat another nation’s apex judiciary.
It should not be used as a means to shield the killers.
‘No nation can agree with it. World will stand by India on this issue. That is why I am telling that Italy’s stand on this issue is a diplomatic tragedy,’ he said.
Raising the issue in the Rajya Sabha, Jaitley also said that the government should consider action against the Italian ambassador.
‘This is an outright fraud against the government of India and Supreme Court by a sovereign nation. This is a case of state-sponsored abduction,’ Jaitley said.
‘They have broken every rule of democracy, it is time for the government of India to act. This now must be treated in the category of enemy action,’ he said.
He also said that since the Italian ambassador had given an undertaking in the Supreme Court, action could be initiated against him.
‘The ambassador had on behalf of the government of Italy submitted to the Supreme Court. Once you have submitted, you don’t have diplomatic privileges,’ he said.
‘The law minister may examine the post constitutional treaties, including Vienna convention... it cannot overwrite the constitution of the country. We should forget diplomacy,’ Jaitley added.
SALVE TRASHES ITALIAN MARINES’ CASE
‘Insulted’ and ‘shocked’ by Italy's stand on the marines issue, senior Supreme Court advocate Harish Salve has quit as counsel for the Italian government in the fishermen killing case.
Salve said that now it is ‘a question of Indian prestige’ and the government will be ‘justified’ in the tough steps it takes in the matter after the Italian government refused the return of two marines, charged with killing of two Indian fishermen last year.
‘I am an Indian first and then a senior counsel and after that comes my duty to my client and I feel insulted.I feel that first of all we are officers of court and secondly in a matter like this, the client has to take you into confidence and if the client does not have confidence in you, I think we owe it to the system not to continue,’ he said. Now its a question of Indian prestige, prestige of the Supreme Court, prestige of all of us is at stake and I think that Government of India will be justified in the toughest steps it takes,’ he said.
Salve said the Italian government's conduct was’disappointing’ especially after they had ‘acceded’ to our jurisdiction and the apex court had taken up the case out of turn and had even given a ‘substantial relief’ by quashing the proceedings in Kerala and shifting it to Delhi.
CENTRE’S RESPONSIBILITY TO BRING BACK MARINES: CHANDY
Amid anger back home, Kerala chief minister Oommen Chandy on Wednesday met Prime Minister Manmohan Singh to press that the Centre should act to bring back for trial the two Italian marines who are accused of killing two fishermen.
Terming Italy’s decision not to send back its marines as a ‘diplomatic tragedy’, he said they should not escape under the garb of diplomatic status and it is the responsibility of the Centre to ensure their return to stand trial here.
Kerala chief minister Oommen Chandy, whose Congress-led UDF government came under attack from Opposition over handling of the issue, was critical of Italy, saying it used diplomacy as a ‘weapon to cheat’ another nation’s apex court and ‘shield’ the killers.
‘There will be no compromise on this issue. The marines should be tried under Indian law. Diplomatic status should not be used as a weapon to cheat another nation’s apex judiciary.
It should not be used as a means to shield the killers.
‘No nation can agree with it. World will stand by India on this issue. That is why I am telling that Italy’s stand on this issue is a diplomatic tragedy,’ he said.
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