Re: [IAC#RG] Italian Marines a corruption issue

Dear Devinder

As requested I am enclosing the links of the concerned orders in SLP(C).20370/2012

http://judis.nic.in/temp/20370201212222013p.txt
http://courtnic.nic.in/supremecourt/temp/sc%202037012p.txt

As per me, the mischief is in para 4 of the order dt. 22.02.2012

" 4. Having heard learned counsel for the applicants/petitioners, as well as learned ASG, Mr. Malhotra and Mr. Giri, senior counsel, appearing for the State of Kerala, we are inclined to allow the prayers, as made."

The national newspapers have reported an entirely different version of events on the part of ASG Mr. Malhotra and Mr. Giri after the marines refused to return to India. If it is true that these 2 gentlemen opposed the parole, this para 4 also places the ultimate responsibility  to get the marines back on the Bench.

I look forward to your comments

Sarbajit

On Sun, Mar 17, 2013 at 10:48 PM, <devinder.thakur@btopenworld.com> wrote:

It may be difficult but in a case like this, we should leave the emotions out of it. There are many parties involved in it. One the applicants who wanted to go home to Italy to cast their votes. The second is the Italian Ambassador who, assisted by Harish Salve,  stood a solemn guarantee for their return. Third, is the Solicitor General who is also required to file in the government's view. finally the SC bench who after weighing all the pros and cons of what is before them, gave the permission. It is very important to get hold of the actual conclusion of the SC before granting permission to leave the country. It will be only then one will be able to see where lies the fault.

 

In the absence of the above it is all a blame game. Regards Devinder