Naval guards issue: Bound by statute to obey Supreme Court order on Italian ambassador, govt says
NEW DELHI: Taking a tough stand on the Italian marines' issue, the government has asserted that it was bound by the Supreme Court's order placing curbs on the movement of Italian ambassador to India, Daniele Mancini.
"Our constitutional mandate to abide by the apex court orders supersedes all other obligation," law minister Ashwani Kumar told ToI in an interview. The assertion comes amid a raging debate over whether government will be violating its commitment under the Vienna Convention if it were to enforce apex court's orders.
The Italian government had on Saturday told the ministry of external affairs that restricting Mancini's movement at the behest of any Indian authority will be contrary to New Delhi's commitments under the Vienna Convention: a stance that has been endorsed by both the European Union (EU) and independent legal experts.
However, the law minister made it plain that the Indian government is duty bound under the Constitution to ensure and facilitate the implementation of the direction of the country's apex court.
"Under Article 144 of the Constitution all authorities, civil and judicial, in India must act in aid of the orders of the SC. This constitutional mandate must supersede all other obligation," he added.
Kumar said that the government will make its position absolutely clear during the next hearing on the issue.
This tough stand of the government comes a day after Congress president and UPA chairperson Sonia Gandhi had said that "no country will be allowed to take India for granted".
While the tough stand is seen as a political imperative in view of opposition's keenness to embarrass the government, it is certain to aggravate tensions with both Italy and the EU.
"For the moment I can say that the breach of undertaking given to SC by the Italian government through its ambassador has created an unprecedented situation fraught with serious consequences in our bilateral relations with Italy," Kumar said.
He said the question of extent and nature of diplomatic immunity enjoyed by Italian ambassador under the Vienna Convention ought to be considered in context of specific factual situation. The law ministry and the treaties division of the ministry of external affairs are studying the issues involved and the stand of government in the SC will be a studied response to the situation considered in all its dimensions, he added.
Naval guards issue: Bound by statute to obey Supreme Court order on Italian ambassador, govt says - The Times of India