Nations that want to be taken seriously must match their actions with that aspiration. The refusal to send back Massimiliano Latorre and Salvatore Girone — the Marines aboard the merchant ship Enrica Lexie accused of shooting and killing two fishermen off the Kerala coast after mistaking them for pirates — may win the new Italian government brownie points at home but is conduct unbecoming of a responsible nation. The duo were permitted by the Supreme Court to visit Italy to cast their votes in the February 22 national election, on a promise by the Italian government that they would return to India to face trial. Foreign Minister Giulio Terzi of the outgoing government spoke glowingly of the decision as “evidence of the climate of mutual trust and cooperation with Indian authorities.” Italy now stands in breach of that trust. The Italian foreign ministry says New Delhi did not heed its request for a diplomatic resolution, a curious statement considering all avenues for such resolution have already been tried and exhausted.
From day one, Italy has questioned India’s jurisdiction in the matter, as according to it, the incident took place in international waters. The Supreme Court ruled in January that while India indeed had jurisdiction, only the Union government — and not Kerala — could investigate or try the case. Accordingly, it ordered a special court for the purpose. But the ruling’s “high seas” description of India’s Exclusive Economic Zone beyond the 12-nautical mile line that marks the formal extent of the maritime boundary was certainly favourable to the Italian side. The Court also went so far as to leave the jurisdiction question open, saying Italy could challenge India’s right to try the two men in the special court. With all this, the Italians could hardly have claimed that the legal process was biased against them. While India-Italy ties will not be the same again, the Supreme Court’s decision to allow the two accused men to leave India is also curious. Permission was given on the basis of a Kerala High Court order that granted the Marines a two-week sojourn in Italy during Christmas. That was in itself a highly unusual decision. The Supreme Court seems to have persuaded itself to believe that having returned once, they would certainly return again. But having done that, it laid down none of the stringent conditions to ensure the Marines came back, as the High Court had done. Those included execution of a Rs 6 crore bank guarantee, and undertakings by the Italian envoy taking responsibility for their return. The fact that it did not press these issues in February is another embarrassment for the UPA, which stands exposed for allowing itself to be taken for a ride so easily by a foreign government.
The Indian government has no pride and is content to let Indians in India, and Indian origin people around the globe suffer and die a dog's death. Our politicians and bureaucrats are interested solely in fattening themselves and couldn't care less about their countrymen. No wonder they thought Italians would be equally callous, and were taken by surprise.
If I were an Italian, I would completely support what the Italian government is doing to safeguard the well being of its own citizens. This is what any self respecting nation would do.
First things first, Why is this such a high profile shootout case, coz
it involves italian marines... ? What if the fishermen were killed in
a road acident due to rash driving or even shot by indian goons. How
many years would it take to get justice for them.. ? Needless to say
if the goons belonged to a political party justice would never happen
in all likelihood. Why the big fuss.
I salute Italy for taking care of their soldiers, If it was indian
soldiers in similar situation our Govt wont do anything for them,
Let the bilateral ties deteriorate. Then Italy refuses to cooperate with CBI in the chopper scam. Everybody happy and everyone can go home. Well planned and well done.
Are we butt of a joke in Italy ? It is shame that our Dear Leaders run
the country in this way. It is more surprising that even supreme court
is also working in a same fashion. Can't we stand up and ask supreme
court why it did like that ?
Here's a contrarian view. India really does not have a case. Italy is right in that the marines can only be tried in Italy. Even the SC has obliquely conceded that aspect. That is justice, as per existing International Law, since quite clearly the incident took place outside the tentacles of Indian law.
However, how does the government pander to the emotions of a public baying for the blood of the marines and yet conform as a nation to International Law?
So all along, the only sensible thing for the government to do was to wait for the right moment and possibility to send the marines back, while limiting the amount of egg on its face and the flak from the public.
Going by the muted reaction I think the egg on face and flak aspect has been calculated most optimally by our government and they have successfully walked the tightrope here.
Rather than criticising them, we should admire their ability to manage the polarising game that is political optimality. To me, this is Zen from the UPA.
This is indeed a serious breach of trust by Italy. But as this editorial has rightly pointed out that how SC took this incident so lightly. How has SC allowed these marines for one month holiday in the name of casting their vote for election. This indeed is very Surprising.
Absolutely right! India never plays hard. UPA govt weakness is exposed once again. Shame to claim that we are a soveriegn nation. Our dignity is at stake.
It is out of the reach of PM.we can cite Ottovio Quattorchchi's example.The mafia rules the roost.
How many Indian prisoners are sent home to observe Diwali/Ramadan & then
to vote in elections, that the Indian Govt and the SC allowed two remand
prisoners accused of murder - no less - (of two innocent fishermen
earning a living by fishing in coastal waters), when both foreigners
contested India's legal jurisdiction and were highly likely to abscond
(hence large bail bonds earlier)?
Rightly, the people of India (who wish to project India as a developed
nation of clever people) are enraged by the international display of
either gross incompetence or, criminal conspiracy to 'facilitate this
diplomatic incidence', by their ruling netas and judges.
Q1. Should the incompetent people involved be allowed to remain in
charge, or continue in their posts / govt service?
Q2. If there was overt or covert assistance given to avoid Indian
justice, should not that be investigated and the culprits punished?
Time will tell if Italian govt judged the character of Indian govt and
SC Judges correctly.
Your editorial makes a very clear case of the duplicity of the
Italian Government.
Having said that it is naive to believe that those in power -
including those in the judiciary - allowed the two accused in a
murder trial to leave the country to celebrate Christmas and cast
their ballot. I am sure they know that there is a thing called postal
ballot which does not require your physical presence in the country.
I think there is more than what meets the eye in this travesty.
One gets the feeling that the arrest was made only because of the pressure from the Kerala government, the centre never really wanted to detain them. It seems more like an act of co-operation in an opportune moment (Elections, Seriously ??) rather than that of mistrust. When Indian politics is concerned, one has got to read between the lines. Things are never the way as they are made out to be in front of the public eye.
Unfortunately anything connected with Italy brings so many things to
our mind. Who knows? In all probability Supreme court could have been
guided not to enforce the same conditions, a lower court -Kerala High
court- stipulated. Otherwise even a common man would have asked for
some pledge before allowing the marines to leave India's grip! Also,
one thing is very mysterious! Every country has Postal ballot system.
Could not the marines have participated in their country's election by
using postal ballots? Instead of feeling UPA government is
embarrassed, I feel the hidden hand of UPA!
We can not blame Italy in anyway.They have done what they could to save their citizens. Its the shameless Indian Governament to be blamed. Mounmohan says it is "unacceptable".!! of course it is unacceptable but the question is were you sleeping when these marines let go? and what are you going to bring them back?
It does not matter for Italy and it does not need a certificate from anybody to prove that it is responsible nation. Many countries have done similar things before to free their citizens. Our Govt has put sovereignity of India at stake.
As a neutral observer, what Italian Govt has done is understandable
considering the snail pace at which Indian judicial system functions.
What ever the evidence needed is already available and the court should
have seized of the matter and settled the issue expeditiously. Spat on
the judiciary is well deserved under the existing circumstances.
‘An Italian job’ (The Hindu editorial, March 13) falls short in the absence of the unholy Indo-Italian connection and in strength of any expectations of its average readers. While everyone knows of the government of India’s sensitiveness on Italian issues on account of Congress president Sonia Gandhi who was born and brought up in that country and who still enjoys its citizenship, the Hindu ignores the same. Nobody denies that the party’s ‘first family’ is from Italy. History of Quattracchi and recent attempts by the GOI to avoid an inquiry under supreme court monitoring into the VVIP chopper deal point to this aspect. The attitude of our government in the present case of the marines from Italy stands suspicious from the beginning. The Hindu merely stopped by telling that Italy stands charged with ‘breach of trust’ and the GOI is easily taken for a ride by a foreign government to the embarrassment of the UPA. Of late, corruption and inefficiency are no embarrassment to Congress or UPA. Also Prime Minister Manmohan Singh has, on second thought, back-tracked from his initial stand that Italy’s refusal to send its two marines back to India is ‘unacceptable’. If he finds Italy’s point of view ‘acceptable’, his statement that the issue would be taken up with that country is meaningless.
The last line of The Hindu editorial says : "The fact that it did not press these issues in February is another embarrassment for the UPA, which stands exposed for allowing itself to be taken for a ride so easily by a foreign government."
Taken with what has been said in earlier paragraphs, "it" refers to the Supreme Court . Why then does the latter half of the sentence refer to the UPA, which is an entirely different arm of the governing structure ?
The Hindu deserves kudos however for at least saying courageously that the SC decision looks curious,
Its really shocking that Italy is breaching it's own promise just to please their own citizens, and it is sure to gain Indian's displeasure, if not from any other International community.
What's more shocking is how did Supreme Court allow two foreigners, who are accused of murder, to return to their home land when trial is under progress in India and that too without any stringent conditions to ensure their return. There might be substance in Italy's argument that the murder happened in International waters but its not acceptable on their part to deceive Indian government by breaching their own promise to retun the two marines, on whatever the pretext it may.
As rightly pointed out, the first Parole given by the Kerala High
Court itself was a largesse and uncalled for. Are such priviliges
given either in India or in Italy, to other detainees accused of
similar crimes? But it safeguarded itself by imposing very stringent
conditions which ensured their prompt return. By letting them go to
vote in election (a rather flimsy excuse), and without adequate
measures that would have ensured their return, the SC has shot itself
in the foot. Perhaps it's a pointer to the influence of invisible
hands of some powerful 'Italian-Indians'.
Aptly named, The Italian Job.
India is shamed, and the sentiments of the people of Kerala trampled upon.
Instead of allowing the Italian Ambassador to leave India, and India claiming to make it look like a victory, he must be placed under house arrest at the Italian Embassy - and not allowed to leave the premises till the 2 marines are brought back to face justice.
Nothing happens without the knowledge of our Govt. Nowhere in the history is
heard sending convicts to celebrate X'mas and for voting abroad.This happens only
in India ,if the affected are Italians.The convicts in Tihar jail, I do not think ,ever get
a chance to celebrate festivals with their family.The Indian Govt stands exposed for
their complicity with the Italian Govt . May be in return, a favorable step in the
chopper scam from them !
The govt should immediately arrest the Italian ambassador in Delhi because he stood guarantee for these 2 marines.They must be brought back and prosecuted.
Such action is not expected from a responsible nation like Italy whose
credibility will be be seriously dented with the non-compliance of their
promise regarding the returning of marines. Surely other nations will
learn their lessons from India and think twice before believing the
Italian government. Also the Supreme Court in this case seems to have
erred by not taking any precautions. Nevertheless this incident should
prove to be a lesson for India and hope we will not commit such mistakes
in the future.
It is an Italian job, yes, indeed! Italian job by Italy! But, any other country can do an Italian job on India because our Government lacks a vision, a policy, a little bit of guts and everything that is needed to execute a good foreign policy. Part of the government and even the Chief of Ajmer Darga didn't want to entertain Pak PM but our foreign minister did. Earlier, Musharaf visited Ajmer and went to Kargil. Govt does not know how to deal with Male. In almost all foreign affair matters, this Govt acts like a child. Can we now blame the Italians???
This episode shows that packing of the courts works. That is how UPA government has been biding its days.
Italy's action is definitely contempt of Supreme Court.
Again UPA has proven their heedless actions towards Indian people safety.
"..The Supreme Court’s decision to allow the two accused men to leave
India is also curious. "- I fully agree! And, monetary obligation
apart, there ought to have been condition like personal bondage by
the Ambassador himself. Simple! Would Italian government then chosen
to allow its Ambaassdor to go behind bars by not allowing the two
accused marines back to India to stand trial in a criminal case of
muder charge of innocent people? Anyway it is an all time lesson for
our Supreme Court too in matters of obvious international
ramifications. "Italian Job" English movie was good. But the job
under your editorial scanning above is seen very ugly!
Are our Judges so naive that they do no know the existence of postal voltes? Will the same courtesy will be shown to accused from Pakistan, Nepal, Bangaldesh and Sri Lanka?
The accused get vacation time during Christmas and now they get 'voting trip' to fly back to homeland.
The court action has put the Government in hot waters.
High time our judiciary came out of its naiviety in other words stupidity.
There is going to be much sabre-rattling and nothing else. The Indian establishment has been badly compromised.It does not have the stomach for stern action of any kind be it on the home front or in this case in tackling the Italians.
The Indian Action must be viewed as an initiative of mutual trust and cooperation ,whereas there should have been a strict criterion for enforcing the return of these murder accused.
Put yourself in the Italians' shoes. Would you allow your nationals be sent back to a third world jail with no certainty of when the case might come to closure and where the law is flouted by its own law-makers? It was silly on the part of India to think that the marines would return. What is ironical about the outcry over the marines dodging the so-called criminal justice system in India is the fact that so many of the country's politicians and the powerful with serious criminal cases roaming free for years (including Raja Bhaiya). Get them first and establish that there is indeed rule of law in India. Then perhaps the world would take the country's legal system and due processes seriously.
"Those included execution of a Rs 6 crore bank guarantee, and
undertakings by the Italian envoy taking responsibility for their
return. The fact that it did not press these issues in February is
another embarrassment for the UPA, which stands exposed for allowing
itself to be taken for a ride so easily by a foreign government."
i dont understand why government is responsible for the issue??? it is
responsiblity of supreme court to lay these strigent bond conditions.
Marines had no motivation to kill fishermen. Trying to persecute them for attempting
to protect the ship is itself wrong. People have died , what can be done now is to help
the fishermen family by providing livelihood beyond what they can imagine. The
italian government would have gone all out to help them if indian government instead
of embracing them would have accepted their contention that shooting occured in
international waters and solved the problem diplomatically and not allow local
politicians to dictate international policies and score brownie points .
Was this a game plan by UPA because of its strong Italian connections?
What a cavalier attitude of India and Italy, both are trigger happy! The lives of fishermen and that all others are equally worthy. Let justice be done.
Our judiciary sits on cases for too long.
This shooting happened more than a year back and the Italians were simply sitting in India. We have to be careful atleast to close cases in case of foreign nationals.
Italians know from experience that indians would keep talking until cow is come
home or the next foreigner. Be it quattorochi kim davy or any other comes along. We
the people do not matter.even supreme court is now made aware the limits to its
reach and the sanctity of an undertaking from the diplomat with full
immunity. italians. have insider knowledge of the ways of indian establishment.so
they only need to brazen out until we latch on to the next job.if the indian
establishment betrays trust of we the peopleday in and day out the italians have
only shown us our own rajdharma.bravo.
You have rightly said that Italy=Indian ties cannot be same again. It is so. The shortsighted Italians have by cocking to snook at India have angered a billion people. Very soon, he Italians everywhere would rue the day when Italy used the Church etc, to win some brownie points.There will soon be a public demand for boycotting trade with Italy.
India is proving thmeselves again as a lawless country, especially so when it comes to rich and powerful. How can the supreme court allow them go with out any sureties. Will this facility be available for ordinary Indians? This incident and another impersonating Bittu case in Kerala shows that if you have money and connections anything is possible in India. The congress govt is ruining India. There is no governance and we are spiralling down fast to anarchy.
The premise of Italy not 'being responsible' misses the point -- most
nations don't let controversial murder suspects out of jail for random
holidays abroad (that is ridiculous).
A weak justice system is the real issue here. Unlike effective courts
in other nations, Indian justice is not independent of politicians or
bureaucrats -- and that ultimately makes it fail.
The government know that most will soon forget this affair (expect for
the poor victims' families), while the common man will be left with
the understanding (built up over years of similar outcomes) that in
India people can (and do) get away with murder.
How do judges, prosecutors and investigators deal with these constant
failures of justice? What steps can begin fixing the system's
problems?
I agree with most of the article except the last few sentence. It would be nice if the
editor could explain why the UPA government should be faulted for this "Italian Job"
when the fault is completely of the courts. From what I know, India has an independent
judiciary. The editorial rightly states that the the Supreme court failed to follow the
stringent precautionary procedures like the Kerala High court, yet blames the UPA for it.
Puzzling.
This will give the impression to the people around the world that India
is a banana republic. Ihe Indian govt and SC naively believed that those
accused of murder deserve to go to Italy for voting(and in the process
spend a month there) and eventually they will return to India. Did govt
know it's options if they didn't return to India? Or is there something
that doesn't meet the eyes? Is it like, I'll pretend to be hitting you
and you pretend to be crying", story?
Excellent and a well balanced Editorial. "THE HINDU" has once again
proved its calibre. KUDOS.
The uncertainty surrounding the infamous marine aboard that killed an
Indian fishermen is further compounded due to non specification of what
constitute International water mark.Going by the current development in
the wake of Italian government reluctance to send back the two marines
awaiting their trial for killing Indian fishermen not only undermine
Indian legal system in so far as the mode of contention is upheld but
also expose UPA lagged of political will in a situation that directly
questioned India Foreign Policy which for so long remains to be that of
lukewarm if not neutral.Its high time to reverse the scenario rather
than dragging on sans any feasibility.Italian in the very first place
disputed the validity of Indian stand,but thanks to liberal policy of
repeated bail in the name of election and Christmas.
Once it was Quattrocchi, who set an example for Italians by showing how
one can fool the Indian government for years and finally forever.
Now in the Italian marines case again our Union government has failed
miserably. However this time our Judiciary too was taken for a ride by the
Italians. It was a ridiculous act by our judiciary to let them leave
our borders and celebrate Christmas holidays in their country knowing
that the Italian Government from day one wanted their marines back, by
hook or by crook and had even made use of every (un)diplomatic
channels, thus allowing them again to leave our shores to facilitate
their participation in their electoral process back home was a blunder.
Actually it seems that this was plot devised by the top brass in our
country to allow their illegal release and thus making a fool of us,as
we have been always for them.
India ,if it wants to be seen strong in global arena should also learn
to act strong.But we have failed again.
If the roles were reversed would the Italian Govt., or any other for that matter, allowed the two accused persons to leave the country so easily? Were the SC and the Govt so naive? I wonder, as some have, that this issue was "managed" by powerful politicians.
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