SC asks Italy envoy not to leave India

• Cites breach of undertaking to bring back the two marines
• A Govt in a bind how to proceed in the case and leaves it to court
• A Italy may seek international arbitration

Anita Saluja New Delhi: Despite the stern warning given by Prime Minister Manmohan Singh in parliament, the UPA government is quiet on the issue of two Italian marines, leaving it for the Apex Court to act on the issue. The Supreme Court on Thursday, much to the relief of the government, restrained Italian Ambassador Daniele Mancini from leaving India. The Apex Court issued notice to the Italian Ambassador for breach of undertaking by failing to bring back the two naval guards, who are facing trial in India for killing two Kerala fishermen. The Court directed him to furnish his reply by March 18. The Apex Court passed the order, after it was brought to its notice that the Republic of Italy had reneged on its assurance given to the Apex Court. The top court allowed the two marines to go to Italy to cast their vote in the elections there, after Mancini had given the court a written guarantee that the marines would come back to Delhi by March 22. "Agreements ought to be respected. We expect Italy to respect the agreement that the Ambassador submitted to the highest court in India. That is the basic expectation," stated Ministry of External Affairs spokesperson Syed Akbaruddin. He felt that the Supreme Court order did not violate Mancini's diplomatic immunity, as he had willingly submitted himself to the jurisdiction of the Indian court. External Affairs Minister Salman Khurshid, who met Prime Minister Manmohan Singh on the issue, stated that the government's point of view was reflected in the response given by Attorney-General G E Vahanvati to the court. The Attorney-General told the top court that not sending the two marines back to India was a breach of undertaking given to the highest court of the land and the government was extremely concerned about it. The government, according to sources, is in a bind on how to proceed on the issue and has left it to the court. It will wait for the response of the Ambassador and the court ruling thereafter. Ironically, it was only on Wednesday that the Prime Minister had talked tough stating that Italy would have to face the consequences if it refused to send back the marines to stand trial in India. On its part, the MEA spokesperson merely stated that India was studying its relations with Italy. "At the end of that internal process, we will take further appropriate action," he said. The Italian Ambassador, on the other hand, asserted that he would not leave India till the competent authority declared him persona non-grata. "I am glad to live in this country for years to come," he stated. Italian Foreign Minister Giulio Terzi, on the other hand, was adamant on not sending the marines back to India. "We have judicially solid reasons to proceed in the direction of international arbitration. The Indian government is amply apprised of all it needs to know about our reasons, as do many of our partners." The marines were guarding an Italian tanker off the Kochi coast in February last year, when they claim they mistook two fishermen for pirates and shot them.