Inspite of the undertaking if he can claim immunity what was the purpose, in the first place, to ask for or give undertaking!
There must be at least lakhs of cases in different courts including apex court which are sustained by mear undertaking and these undertakings do not mean any thing!!
From: Anita Vijay Mehta <vmehtaudctbby@hotmail.com>
To: indiaresists@lists.riseup.net
Sent: Monday, 18 March 2013 7:03 PM
Subject: RE: [IAC#RG] Italian Marines a corruption issue
Dear Sarbajit,
Advocate Harish Salve for the Italian could convince the SC so easily that the two votes are more valuable than the two Indian lives lost and that India has nothing to lose if the accused are let off and even if they do not return.......
Its pity on him as well as the SC bench who got convinced and landed in the position that has now emerged which ought to have been visulised by the SC in advance. Simplest form of judicial requirement to evaluate the balance of convenience is grossly ignored....
Mr. Salve now pretends that he is the officer of the Court first....... where in fact he conveniently forgot the same when he was counseling the SC. This case is clear pointer to the face law prevailing in the country rather than the Rule of Law.
Vijay Mehta.
Date: Mon, 18 Mar 2013 15:51:21 +0530
From: sroy.mb@gmail.com
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] Italian Marines a corruption issue
Dear Mr. Thakur,
IAC of course is closely tracking what happens in the SC and elsewhere.
1) It is still unclear if the undertaking from the Italian Ambassador was an "additional" security. It seems the previous sureties for Rs.1 crore each were only for the first visit to Italy pursuant to the orders of the Kerala High Court. It seems that the marines had to return to India to ensure that these securities were not encashed as the sureties were hollow persons and 1 of them had even left for Dubai.
2) The picture will become clear on 22.March.2013 when the marines are to return. Till then IAC shall fine-tune our resolution publicly and openly.so that we are as factually and legally correct as possible. If persons misunderstand this to be that IAC is only an internet group, that is their mistake and not ours.
3) The SC can examine whatever it wants about the diplomatic immunity etc. Is the SC prepared to hang the Ambassador in place of the marines. It is a unique situation that the marines were effectively in the custody of the Supreme Court. The Court must answer to the people (through its speaking orders) , and the veil of judicial secrecy should not hide this botch up.
I thank you for bringing a reasoned dimension to this debate.
Sarbajit
Post: "indiaresists@lists.riseup.net" Exit: "indiaresists-unsubscribe@lists.riseup.net" Quit: "https://lists.riseup.net/www/signoff/indiaresists" Help: https://help.riseup.net/en/list-user WWW : http://indiaagainstcorruption.net.in
Advocate Harish Salve for the Italian could convince the SC so easily that the two votes are more valuable than the two Indian lives lost and that India has nothing to lose if the accused are let off and even if they do not return.......
Its pity on him as well as the SC bench who got convinced and landed in the position that has now emerged which ought to have been visulised by the SC in advance. Simplest form of judicial requirement to evaluate the balance of convenience is grossly ignored....
Mr. Salve now pretends that he is the officer of the Court first....... where in fact he conveniently forgot the same when he was counseling the SC. This case is clear pointer to the face law prevailing in the country rather than the Rule of Law.
Vijay Mehta.
Date: Mon, 18 Mar 2013 15:51:21 +0530
From: sroy.mb@gmail.com
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] Italian Marines a corruption issue
Dear Mr. Thakur,
IAC of course is closely tracking what happens in the SC and elsewhere.
1) It is still unclear if the undertaking from the Italian Ambassador was an "additional" security. It seems the previous sureties for Rs.1 crore each were only for the first visit to Italy pursuant to the orders of the Kerala High Court. It seems that the marines had to return to India to ensure that these securities were not encashed as the sureties were hollow persons and 1 of them had even left for Dubai.
2) The picture will become clear on 22.March.2013 when the marines are to return. Till then IAC shall fine-tune our resolution publicly and openly.so that we are as factually and legally correct as possible. If persons misunderstand this to be that IAC is only an internet group, that is their mistake and not ours.
3) The SC can examine whatever it wants about the diplomatic immunity etc. Is the SC prepared to hang the Ambassador in place of the marines. It is a unique situation that the marines were effectively in the custody of the Supreme Court. The Court must answer to the people (through its speaking orders) , and the veil of judicial secrecy should not hide this botch up.
I thank you for bringing a reasoned dimension to this debate.
Sarbajit
On Mon, Mar 18, 2013 at 3:03 PM, <devinder.thakur@btopenworld.com> wrote:
Mr Roy, Thank you for the two orders of the SC one allowing the Marines to go to Italy on an additional guarantee by the Italian Ambassador and the other order restraining the Italian Ambassador from leaving the country.The SC is now examining what immunity the Italian Ambassador enjoys both as a diplomat as well as an individual.For the benefit of all concerned, it is my opinion that it is not a case for the India Against Corruption to take up at any level, least of all passing of any kind of resolution as the case is now firmly sub-judice' and any thing said at this stage can seriously backfire. If however, it is felt that something has to be said at this stage, then the best thing one can say is thatIAC has full faith in the SC of India and the Indian justice system and hope that a solution satisfactory to the SC would be forthcoming soon. Regards Devinder
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