ibnlive » India

Mar 15, 2013 at 05:55pm IST

Airports alerted to prevent Italian envoy from leaving India

New Delhi: Airports across the country have been alerted to prevent Italian ambassador Daniele Mancini from leaving the country, sources have told CNN-IBN. A message has been sent to all immigration outposts across the country in compliance with the Supreme Court order by the Ministry of Home Affairs.

The Supreme Court had on Thursday sent a notice to Mancini restraining him from leaving the country. The Supreme Court's notice to Mancini came after Janata Party President Subramanian Swamy filed a plea seeking action against the Italian ambassador for contempt of court as Mancini had assured the apex court that the two marines would return to India after casting their votes. The court asked Attorney General Goolam E Vahanvati to reply on Swamy's plea, following which the notice was issued to Mancini.

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The court has sought an explanation from the ambassador on Italian government's decision of going back on its assurance to send back the marines to face trial in India. However, it is not essential for Mancini to appear before court personally.

The next date of hearing in the case against the Italian ambassador is March 19. But what may be pointed out is that the Supreme Court's deadline to the Italian marines to return is March 22 and any action against the ambassador can be taken only after they fail to return by that date.

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But the question is whether the Indian government can really restrain the Italian ambassador from leaving the country without breaching the Vienna Convention on diplomatic relations. Experts believe that enforcing the Supreme Court order will be tricky because the ambassador enjoys inviolable immunity against detention or arrest.

Under the terms of the Vienna Convention, the Supreme Court order cannot be enforced by the government, without breaching the Vienna convention. Vienna Convention on Diplomatic Relations, 1961, Article 29:

The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.

Vienna Convention by Nelson Brock

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