Government: UN court order affirms Supreme Court’s authority
The government on Tuesday claimed that the UN arbitration tribunal’s order allowing a murder-accused Italian marine to return home from India pending its proceedings has “affirmed” the Supreme Court’s
The government on Tuesday claimed that the UN arbitration tribunal’s order allowing a murder-accused Italian marine to return home from India pending its proceedings has “affirmed” the Supreme Court’s authority and not questioned it.
Union minister Arun Jaitley, while making a statement in the Lok Sabha, said the tribunal has confirmed Italy’s obligation to return Sergeant Girone to India in case India’s jurisdiction over him is established. He added that the tribunal has also left it to the Supreme Court to fix precise conditions of his bail.
“We see the tribunal’s order not just as a recognition of India’s consistent positions and key arguments but also as an affirmation of the authority of the Supreme Court of India,” said Mr Jaitley.
The Union finance minister was making the statement on behalf of Union minister for external affairs Sushma Swaraj, who is unwell.
Mr Jaitley’s statement invited strong protest by the Congress MPs, who, along with party leaders Sonia Gandhi and Rahul Gandhi, staged a walkout. They expressed unhappiness after Speaker Sumitra Mahajan did not allow them to ask questions. Union minister for parliamentary affairs M. Venkaiah Naidu claimed that the Congress staged a walkout with an eye on the Assembly elections in Kerala. The two Italian marines are accused of killing two Kerala fishermen.
Mr Jaitley stated that the issue of jurisdiction, which is “at the heart” of the case, is yet to be even argued before the tribunal. He added that the “limited relief” given on humanitarian considerations has been made contingent to the clear cut undertakings provided by Italy that Girone will return to India in case its jurisdiction is established.
“The tribunal noted that while Italy had earlier made a far-reaching request that, if granted, would have removed Sergeant Girone entirely from the reach of India’s legal system. This time Italy was only requesting India to relax the bail conditions to enable him to return to Italy,” said Mr Jaitley.
