Uproar over Italy's decision, PM says it will be taken up

March 12, 2013
New Delhi, Mar 12: As Italy's refusal to send back its two marines triggered an uproar, Prime Minister Manmohan Singh today said the issue will be taken up with that country so that the accused soldiers could be brought back to face trial for alleged murder of two Indian fishermen here.

Left MPs, who met the Prime Minister, said Singh told them that Italy's decision was "unacceptable".

However, PMO sources said Singh only told the delegations that the matter would be looked into and he will ask External Affairs Minister Salman Khurshid to take up the issue with Italy.

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Delegations of angry Left and Congress-led UDF MPs met Singh separately to express anguish and demand his intervention in the "serious" matter.

"We met the Prime Minister and took up the issue of Italian marines. The Prime Minister told us that he came to know about this from newspapers. He assured us that he will ask the External Affairs Minister to look into this issue to intervene in this issue," CPI(M) MP M B Rajesh said.

"He (PM) said this is unacceptable to us," Rajesh added.

Another party MP P Karunakaran told a press conference separately that Singh "told us that this is not acceptable to us" and assured the delegation that the matter would be taken up "strongly" with the Italian government.

When pointed out that the PMO said Singh did not say that the decision is "unacceptable", Rajesh remarked, "it is a lie. If he did not say it is 'unacceptable', it means it is acceptable to the government of India."

Khurshid, meanwhile, said the government is studying Italy's decision, its reasons as also implications.

"We will study and take a rightful position... We will take informed position," he told reporters on the issue which has sparked an outrage in Kerala.

Congress MP P C Chacko, who led UDF-delegation, said, "More than saying whether this is acceptable or not, the Prime Minister has said that he will ask External Affairs Minister to take up this issue and use all diplomatic channels to bring them back."

MPs from Indian Union Muslim League (IUML) and Kerala Congress (Mani) were also part of the UDF delegation.

The agitated MPs met Singh in the wake of Italian Foreign Ministry statement that the marines Massimiliano Latorre and Salvatore Girone will not return to India from Italy where they had gone to cast vote in last month's elections after special permission granted by the Supreme Court.

The two marines are facing trial for allegedly killing two fishermen off the Kerala coast in February last year, mistaking them for pirates.

The Italian Ministry claimed India had not responded to its requests to seek a diplomatic solution to the case and there was now a formal dispute between the two countries over the terms of the United Nations Convention of the Law of the Sea.

CPI-M MP K N Balagopal alleged that it was "the result of a high level conspiracy between somebody holding the highest post in Indian government and Government of Italy." He, however, did not elaborate.

His party colleague P Karunakaran said the Prime Minister told them he would hold consultations with External Affairs Minister to decide on the course of action.

Senior CPI(M) leader Sitaram Yechury said the Prime Minister would also have to explain what "strong measures" the government would take to bring back these marines and ensure their trial under the Indian laws.

"The Italian marines have insulted the judiciary. It is an issue of the law of our land and the marines would have to come back here to face trial," he said.

"In India, the undertrials are not allowed to vote. If that is the norm for Indian undertrials under the Indian laws, why should this be different for the Italian marines," asked Yechury.

Meanwhile, in Thiruvananthapuram fish workers unions organised a protest march to the Secretariat and burnt the effigy of the two marines.

The protesters shouted slogans denouncing the Italian government and their Diplomats in India.

They wanted the state and the Centre to take strong steps to bring back the marines to India and try them under the laws of the country for the offence they had committed in India waters.

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November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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