Guynextdoor2
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But he is 'Italy' and has been at all times.
He never acted as a private citizen, but always as 'Italy' when dealing with the court.
It means the SC should never have accepted the surety in the first place since it has no way to punish 'Italy'.
We all agree it was really sneaky of the Italians and the relationship, along with their reputation in the world, will suffer, but they may be on solid ground in terms of diplomatic immunity.
These are pointless speculations. there were two highly credible parties guaranteeing the marines- GOI and the Govt. of Italy - the SC was well within it's rights to take a lenient view. Especially considering the inordinate length of time that courts take in India and the emphasis the Italians had kept on it, on their word the SC was not necessarily wrong. You need to remember that Italy doesn't have a track record of reneging and GOI or SC have never had a situation before where they faced this.