I agree with you that at IAC we have a responsibility to proceed very carefully for the good of the movement and in a non-political way.
1) The Italian press has now raised the question of dual nationality of Sonia Gandhi in context of Italian marines. As the role of the Central Govt (which is a party in the SC proceedings) in Court is in question, IAC's interest is legitimate and exploratory. There is no linkage, as yet.
2) After 12 nautical miles, there is another 12 nautical miles which is known as the "contiguous zone" or the "hot pursuit zone". This is defined in the UNCLOS where India can exercise her enforcement rights - this is not a free passage zone. So there is a DELIBERATE CONSPIRACY to refer to EEZ only and ignore the hot pursuit zone defined in UNCLOS. 20 nautical miles falls in that zone. In any case, the death / fatal injury took place on board a vessel flying the Indian flag and it seems no piracy distress signal had been sent prior to shooting and it was sent one hour later.
The Indian Navy made several rounds of the Italian ship to ascertain if there was any pirate attack / bullet marks on the Italian vessel, there were none. The vessel only returned after the Indian Navy informed the Italian ship they would be blown out of the water / boarded if they did not return to the spot.
The Italians can raise any dispute about jurisdiction. What IAC is concerned about is that the Central Government does not "throw" the case in Court on instructions of the UPA-II Givt which is (regrettably in this instance) headed by an Italian origin person.
We shall certainly pursue the bail issue if our members desire it.
Sarbajit
On Mon, Mar 18, 2013 at 12:53 PM, pavan nair <pavannair1@gmail.com> wrote:
A few suggestions/comments. Why are we mixing up Sonia Gandhi's citizenship with the Italian marines issue? Regarding Para H, territorial waters extend up to a maximum of 12 nautical miles from the baseline (being the low water mark on a large scale chart recognised by the littoral state). So the Italians do have a case for challenging the jurisdiction of an Indian court since the incident took place 20 nautical miles away from the coast. Yes, the EEZ extends much further but technically any registered vessel can use the EEZ for navigating from one port of call to another which is exactly what this vessel was doing. It is also worth noting that the Italian ship returned to an Indian port when it was called to do so by an Indian maritime agency for the purpose of making a statement. The two marines were arrested on arrival. From the very beginning, the Italians have raised the issue of jurisdiction. How and why they were released on bail is another matter which IAC can pursue. Pavan Nair
On Mon, Mar 18, 2013 at 10:05 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:In deference to views of members and latest developments, including that likely in the SC a few hours from now, the draft resolution is amended as follows for further comments before being adopted.
A) That the IAC jan andolan resolves that the issue of the 2 non-returning Italian marines is a matter of grave national concern and above petty politics.B) That it is a matter of grave national concern if the Italian marines were allowed to leave the country with the knowledge of the Chief Justice of India that they were unlikely to return. If there are no financially solvent Indian sureties who stood guarantee for their return on this occasion, it needs to be publicly explained why no sureties were taken.
C) That it is a corruption issue, like the Bhopal Gas settlement, if the Supreme Court, has again been used to facilitate foreign murderers getting away after heavy bribes are paid to the ruling Congress party (and/or its "dual
citizenship" President) after the Hon'ble Court is misled.
D) That Mr. Harish Salve's integrity and honesty, as an officer of the court, is directly and specifically in question if he tendered the guarantees on behalf of his clients suspecting they were unlikely to return.
E) That this sordid episode also reeks of JUDICIAL CORRUPTION and it is nothing but a corruption issue considering that the offenders were in India's judicial custody (albeit enjoying extraordinary privileges and 5 star comfort in extraordinary circumstances). The Chief Justice of India Mr. Altamas Kabir should immediately resign if the State is unable to bring back the marines to face trial in India very soon.H) That the IAC andolan denounces all arguments that the Indian Govt and the Indian Navy and all other Indian maritime enforcement agencies cannot protect its international Exclusive Economic Zone by all means necessary. The IAC also denounces those foreign aligned persons and hired mouthpieces who say that Indian fisherman are restricted to fishing 12 miles from India's coastline and that India cannot police its Exclusive Economic Zone or exploit its riches .
F) That the members desire IAC to coordinate with all other like minded forces on this issue.
G) That on Sonia Gandhi's dual nationality question IAC should proceed cautiously to ensure that IAC does not end up with egg on its face in case Mrs. Gandhi has actually renounced her Italian citizenship. However, if she has not done so then it is equally a corruption issue which needs to be vigorously pursued.
J) That the IAC andolan demands that the State ensure that these 2 marines are brought back immediately to face trial in India, in an exclusively Indian court, under India's laws, for a murder which took place in Indian territory in cold blood on unarmed Indian civilians.
I) That the IAC denounces the tardiness of the UPA-II Govt in setting up special courts to award exemplary punishment to foreign mercenary murderers of Indian citizens in India's exclusive zones.
re-submitted for amendments / comments
SarbajitOn Sat, Mar 16, 2013 at 9:33 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Dear IAC members
After reading the 100's of emails (especially the unpublished ones) on the subject issue when linked with Smt. Sonia Gandhi's possible dual nationality it is abundantly clear that the consolidated views of the members are as follows:-
A) That IAC should treat the issue in a national way instead of as political issue to score brownie points
B) That it is a matter of grave national concern if the Italian marines were allowed to leave the country with the full knowledge of the Chief Justice of India knowing that they were unlikely to return, and for which a security was taken.
C) That this is another scandal, like the Bhopal Gas settlement, if the Supreme Court, has again facilitated foreign murderers getting away after heavy bribes are paid to the Congress party (and/or its "dual citizenship" President) to allow them to escape. The "blood money" is no substitute for justice.
D) That this sordid episode reeks of JUDICIAL CORRUPTION and it is nothing but a corruption issue considering that the offenders were in India's judicial custody (albeit enjoying extraordinary privileges and 5 star comfort) and the tables have been turned on the Congress led State Government of Kerala which arrested the marines in the first place and had their notional custody. The Chief Justice of India Mr. Altamas Kabir should immediately resign.
E) That the members want IAC to coordinate with all other like minded forces on this issue.
F) That on Sonia Gandhi's dual nationality question IAC should proceed cautiously to ensure that IAC does not end up with egg on its face in case Mrs. Gandhi has actually renounced her Italian citizenship. However, if she has not done so then it is equally a corruption issue which needs to be vigorously pursued.
G) That if no resolution emerges on the Marines issue by 22 March 2013, then irrespective of the subsequent orders of the Court, India should consider itself at being in a state of war with Italy and that naturalised Indians of Italian origin like Ms. Sonia Gandhi and her family be deemed as enemy aliens and treated as such.
H) That Mr. Harish Salve's integrity and honesty is directly in question if he tendered the guarantees on behalf of his client.
Since the views of the members have been aggregated as above, if anyone wishes them to be modified/amended before they are formally adopted please post short and crisp responses/objections/suggestions to this list and we will try and publish as many as possible, otherwise the above points shall be deemed as adopted.
Sarbajit
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