Italian ambassador can be sent to jail, says Harish Salve
18 March 2013 7:13 AM IST
Harish Salve, who quit as Italian government's counsel after it refused to send back two naval guards accused of killing fishermen, feels the Italian ambassador breached a solemn undertaking given to Supreme Court which can take action against the envoy including sending him to jail.
‘It is said in the law that even an injunction or undertaking to a court which has no jurisdiction, if breached, you are in contempt,’ the SC lawyer said.
Asked whether Italian ambassador Daniel Mancini breached the solemn undertaking on ensuring return of the two naval guards to face trial in India and if he is in contempt of the court, Salve said, ‘Absolutely’.
On if he felt that the court will take action against him, Salve said, ‘... The question is what ... we have to wait and see.’
To a question whether the Italian ambassador could end up in jail, Salve told Karan Thapar in Devil's Advocate programme on CNN-IBN, ‘Theoretically, yes’.
About its practical likelihood, he said, ‘Depends on how they want to deal with him. But they can if they want to send him to jail.’
Unhappy over the Italian government's refusal to send back the naval guards charged with the killing of two Indian fishermen, the Supreme Court has restrained Italian ambassador from leaving India without its permission.
A bench headed by the Chief Justice of India has also issued notices to the ambassador and the naval guards — Massimiliano Lattore and Salvatore Girone — asking them to file their response by 18 March.
‘It is said in the law that even an injunction or undertaking to a court which has no jurisdiction, if breached, you are in contempt,’ the SC lawyer said.
Asked whether Italian ambassador Daniel Mancini breached the solemn undertaking on ensuring return of the two naval guards to face trial in India and if he is in contempt of the court, Salve said, ‘Absolutely’.
On if he felt that the court will take action against him, Salve said, ‘... The question is what ... we have to wait and see.’
To a question whether the Italian ambassador could end up in jail, Salve told Karan Thapar in Devil's Advocate programme on CNN-IBN, ‘Theoretically, yes’.
About its practical likelihood, he said, ‘Depends on how they want to deal with him. But they can if they want to send him to jail.’
Unhappy over the Italian government's refusal to send back the naval guards charged with the killing of two Indian fishermen, the Supreme Court has restrained Italian ambassador from leaving India without its permission.
A bench headed by the Chief Justice of India has also issued notices to the ambassador and the naval guards — Massimiliano Lattore and Salvatore Girone — asking them to file their response by 18 March.
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