The sense of gratification for any writer peaks when it transpires that he was prescient. But this is not an instance of vanity fair.
Chandy has nothing to fear but fear itself
Taking part in a discussion on a leading Malayalam TV channel Reporter
last night about the incident of the killing of two fishermen by sailors on
board an Italian tanker, what struck me most was that the present state
government led by chief minister Oommen Chandy lives on razor’s edge… I can’t
understand on what basis Chandy could be so categorical that the Italians will
be tried for murder in the Kochi court. Even more preposterous was the state
DGP’s assertion that no matter where the incident took place — territorial
waters or international waters — Indian laws will prevail. There seems to
be a total disconnect between Delhi and Thiruvanathapuram…. Now, if we remain
adamant that the hare we caught has two horns no matter what the world thinks,
and if the Italians are pushed against the wall, it won’t help
matters. Italy has its sovereign rights, too. It is a full member of the
United Nations - like India. Additionally, it is also a member of the European
Union. This could needlessly turn into a diplomatic row where Delhi can find
itself at the receiving end. India can do without all that.
http://blogs.rediff.com/mkbhadrakumar/2012/02/19/chandy-has-nothing-to-fear-but-fear-itself/
Italy digs in regarding navy men
The two Italian navy men belong to the highly-decorated San Marco Regiment
(which was raised in 1713) and Rome can be expected to do all it can to insist
that they enjoy immunity. For the present, Delhi has allowed the Kerala
Police to arrest the Italians, which has been essentially a political decision to save the face of the Congress-led government
in Kerala… Politics now takes over – at least until the Piravom bypoll for Kerala assembly,
due on March 18, gets over. It is a closely contested by-election on which the
survival of the Congress-led government depends to a great extent… For the
present, Congress can do grandstanding that the UPA government didn’t blink in
the light of Italian pressure. But Italy will not acquiesce with the trial of
its Marines in an Indian court and in all likelihood, the snowballing controversy would have far-reaching implications for both
Kerala politics and India-Italy relations. These are early days.
http://blogs.rediff.com/mkbhadrakumar/2012/02/20/italy-digs-in-regarding-navy-men/
Italy steps up pressure on Dehli
The Italians are firmly insisting that the crime of the killing of the two
Indian fishermen took place in international waters and the UN regulations on
the law of the sea will prevail, which means trial in Italy. They refuse to
accept Delhi’s stance that Indian laws will prevail… It stands to reason the
Italians are in possession of evidence backing up their case — or else the
foreign minister wouldn’t stake his political prestige in the matter… The big
question is whether the way South Block went about handling this issue was the
best way or the only way. EAM S.M.Krishna has said, “the law of the land
will have to take its own course, we have advised the Italians to cooperate
with the Kerala law agencies to achieve an amicable solution.” This is a
contradictory stance. An “amicable solution” implies a negotiated, mutually
acceptable, equitable solution. Whereas, ‘due process of law’ is an entirely
different process, which is non-negotiable… The accent of the Kerala chief
minister Oommen Chandy is on “strict legal action” on the “cold-blooded
murder”, which is a third way… [Italian FM Guilio] Terzi observed wryly,
“Complicating an already complex situation are the elections being held in
Kerala that are without doubt influencing the feelings of the citizens and as a
consequence risk influencing the investigation.”
http://blogs.rediff.com/mkbhadrakumar/2012/02/21/italy-steps-up-pressure-on-delhi/
Church and the state in Kerala
The Church has waded into the snowballing diplomatic (and political) row
between India and Italy over the killing of the two fishermen and the
subsequent arrest and detention of two Italian Marines. The Catholic news
agency Fides in Rome has quoted the Kochi-based Cardinal Mar George
Alencherry as revealing that he has “urged” the Congress-led Kerala government headed by chief minister Oommen
Chandy “not to act precipitately”… To my mind, the revered Cardinal’s prompt
intervention was timely… But
it raises some serious issues, too. Conceivably, the Cardinal could not have
voiced a personal opinion so publicly to Fides. Fides is also the organ of the Vatican. The heart of the matter is that Alencherry
made the remark while in Rome. Actually, only four days back Alencherry was consecrated as a Cardinal by Pope Benedict XVI at the St. Peter’s Basilica in the
Vatican. If the Vatican has in any way been associated with the Cardinal’s
sensational remarks, the diplomatic row between India and Italy assumes another
controversial dimension. The western public opinion comes into the picture. In
such situations, western opinion usually consolidates.
http://blogs.rediff.com/mkbhadrakumar/2012/02/22/church-and-the-state-in-kerala/
Endgame for ‘valiant’ Italian Marines?
So, what is the endgame? EAM [S M Krishna]’s focus is on getting this issue
out of the way so that India-Italy partnership runs its course. He spoke of “very
fruitful discussions”. He took pains to stress that the bilateral partnership
is much, much bigger than the sum total of the current fracas. [Italian FM
Giulio] Terzi concurs and insists that Rome is willing to cooperate with Delhi
but to “establish the truth” of the incident on Feb 15. Unsurprisingly, there is a world
of difference between the projection of the state of play locally in Kerala and
what Delhi seems to have in mind. Clearly, Defence Minister A.K. Antony has taken a tough stance, while on a visit to Kerala. But that was on Monday, the day
before Krishna met Terzi in Delhi. It is entirely possible that all three —
Krishna, Terzi and Antony — are equally right. Such things can happen in the
trapeze act of international diplomacy. What is most pertinent is the big question posed by the Kerala High Court today: Why not an
out of court settlement?
http://blogs.rediff.com/mkbhadrakumar/2012/02/28/endgame-for-valiant-italian-marines/
Italian Marines in jail, Rome protests
The crunch time is coming for India-Italy diplomatic
ties. Eleven difficult days lie ahead before the Piravom bypoll to the Kerala
state assembly on March 17 gets over. The two Italian Marines who killed Indian
fishermen on Feb 15 and remanded to judicial custody for 14 days were sent to the Poojappura prison in Thiruvananthapuram on Monday. An odd moment
arises in inter-state relationships when a country jails the soldiers of
another country. Little comfort to Rome that the Marines will be kept in a
separate cell and will be provided with food supplied by the Italian consulate.
Rome has strongly protested. On the other hand, a political controversy is raging in Kerala that the state government is giving
‘VIP treatment’ to the Italian marines instead of treating them as common
criminals. The government claims no leniency will be shown to the two
Italians. Grandstanding ensues, inevitably. Chief Minister Oommen Chandy insists that a
case has been made by the police on the basis of “incontrovertible evidence”
and the diplomatic ties between India and Italy will not be allowed to come in
the way of the Marines’ trial for murder under Indian laws. This assurance has been held out in the state assembly. But Delhi keeps mum. Italy firmly
rejects India’s competence to try the Marines under its laws. One side has to
give in. However, until March 18, no ‘thaw’ need be expected. And 11 days could
make a long time in politics. Rome will rachet up diplomatic pressure.
http://blogs.rediff.com/mkbhadrakumar/2012/03/06/italian-marines-in-jail-rome-protests/
March 7, 2012
This Italian wound may turn gangrene
The Italian Marines resisted for 8 hours before they would be moved into the
cell in Poojappura prison in Thiruvananthapuram to await trial for the killing
of 2 Indian fishermen on February 15. The jail wardens were unsure about their
locus standii to exercise authority in such a tricky case fraught with booby
traps and they took the easy way out — seek instructions from above. A
bureaucratic chain appeared in no time leading to the highest level of state
power in Kerala. The matter finally was referred for instructions all the way
to chief minister Oommen Chandy himself. Finally, at 3 am the Marines obliged to take up residence in the VIP cell,
whose previous occupant, ironically, happened to be a former Kerala minister R.
Balakrishna Pillai belonging to the ruling alliance, who was convicted for an
year’s imprisonment for public corruption. Chandy pardoned Pillai before the prison term was completed. Recently he
also released PiIlai’s memoirs. Whether there is going to be similar grace shown
to the Italian Marines once the Piravom bypoll on March 17 is over and
done with, will be the big qustion…. At any rate, the Italian deputy foreign minister Staffan De Mistura
apparently thinks so, and he is vowing to stay put in this lovely town hugging the Kovalam beach resort until the
denouement of the Marines affair. He is personally looking into the
comforts of the Marines and giving interviews to Italian TV channels…The fact
that the Italian FM summoned the Indian ambassador yesterday and made a demarche about
Poojappura shows how far things have deteriorated at the diplomatic
level. The lingering question is whether this entire affair couldn’t have
been handled differently by Delhi… Like Kudankulam, National Counter-Terrorism Centre,
water accord with Bangladesh, Mullaperiyar — this affair too becomes a living
monument to the dysfunctional government in New Delhi.
http://blogs.rediff.com/mkbhadrakumar/2012/03/07/this-italian-wound-may-turn-gangrene/
March 12, 2012
Chandy mellows, Italian Marines happy
With the Piravom bypoll to Kerala’s state assembly
just round the corner (March 17), Chief Minister Oommen Chandy has shown the first signs of mellowing on the tragedy of the killing of Indian fishermen by
Italian Marines on February 15. He acknowledged today that the Geneva Convention
guides the principles of conduct in inter-state relations with regard to military
personnel. Taking note of the international covenants and practice, Chandy
(who is a trained lawyer) hinted that the Italian Marines might be shifted from
Poojappura Central Prison in the state capital of Thiruvanathapuram where they
are presently held… The local media in Thiruvananthapuram reported that a
7-foot cobra was captured in the precincts of Poojappura jail last weekend.
Although the Italians are put up in the VIP cell (whose previous occupant was a
powerful former minister belonging to the ruling alliance), they’re
disheartened by the environs in the tropics and the cobra. At any rate, Italian
PM took up the matter with PM Manmohan Singh and the latter apparently agreed to consider moving the Italians to “a place of custody more suited to their status.”…
Chandy is obviously following up on Delhi’s instructions. Meanwhile, this
affair is likely becoming a comedy of errors. The Director-General of Shipping
has been quoted to the effect that inordinate delays in the probe of the killing by the state authorities probably
‘weakened’ the case. Significantly, Italians are sticking to their stance that
the killing took place in international waters and Indian laws do not
apply.
http://blogs.rediff.com/mkbhadrakumar/2012/03/12/chandy-mellows-italian-marines-happy/
Waiting anxiously for your view on the latest development on this. Guptan
CJI has bemoaned the ‘mango people’ for baying for blood. It was in connection with the way the whole nation was asking for stricter and much more harsher punishment for the rapists. Practically everyone wanted the age limit for juvenile brought down from 18 years to 16 years because of the lone reason that one of the perpetrators of the Delhi gang rape was short of 18 years by 3 months. Everyone had their own ways of inflicting the most harshest punishments on them irrespective of the age of criminal. Of course no one was much bothered to understand what has made these fringe people such a cruel lot. Anyway they were baying for their blood. In the same way if one goes by the comments in the news papers one can understand the very same people were baying for the blood of Supreme Court which allowed the two Italian marines to “escape”. These continuous barbs from the people must have prompted Supreme Court to act tough and take a stand which is nothing but questioning an internationally accepted norm.
Mr.Bhadrakumar, You have mentioned that the poor fishermen’s families have been given adequate compensation for the death of their dear ones. I am also 100% in agreement. But you must have seen the hypocrites decrying that humanitarian action by Italy as bribe. The pity is that even courts decried that good gesture. Those were accusing Italy seems to be unaware that it is a criminal case and victim or those affected by the crime has no say in the proceedings of the case. It is the state versus the criminal. The victims are just witnesses for prosecution. Even if the victims want they cannot alter the course of the case if it is a homicide. If it is just some assault probably they could settle for some compensation but not for homicide. We don’t have Sharia here where one could settle the case for blood money. I do not know whether the poor families accepted the money or due to this foolish and callous pressure of the people they refused. If they refused I pity them. The fact is that suppose those two hapless fishermen had drowned and died what would have happened? Would Oommen Chandy’s government paid them one hundredth of the money Italy offered them?
Mr.Bhadrakumar, with all my respect and my great belief on the fairness of the august institution of Indian Supreme Court, I feel that that institution could have handled this Italian Marines affair with a a little more nicety. If I am wrong I beg its pardon. It was right to ask the Italian ambassador to give the reasons for the marines not being sent back. Then is it necessary that he should be told not to leave India before he gives the explanation on the 18th Monday March? Should be treated like an ordinary criminal who may try to escape? That Home Ministry went into full throttle and instructed all exit points to be alert for the ambassador trying to leave India against the Supreme Courts order. After all Home Ministry is nothing but a gargantuan police station manned by uncouth cops. Now in today’s Times of India there is a report that Italy has conveyed to India that its ambassador is not bound by Indian Supreme Courts writ. Is it not then the action of Supreme Court and that of Home Ministry muddying the diplomatic waters further? Is not the solution to this imbroglio receding further? I would rather say that, again with all my humble respect to that august authority Supreme Court that it is also partially responsible for this mess. When Italian Government has filed suit in it asking the right of India to try the case the Supreme Court could have gone into the matter and given its judgment instead of sitting on it. I do not think that it is such a complicated issue as the alleged shooting happened in 20 plus nautical miles from the shores of India and hence in contiguous zone where India has only right for customs, pollution and immigration as per UNCLOS to which India is signatory. Also Supreme Court could when it gave the verdict that Kerala court has no jurisdiction to try the case and new court has to be set up, it could have asked the marines to go back to Italy and come when the court is ready for trial that is provided India has right to try the case. And in case the marines did not come back try the case in absentia. Heavens will not fall if the marines did not eat chappati in Tihar jail or wheat balls in Poojappura.
Mr.Bhadrakumar, since you wrote this blog, Supreme Court has called Italian ambassador and told his counsel who represented him that the ambassador should answer why the marines are not being sent back to India and that he should not leave India without court’s permission. Can the court restrict the movement of the ambassador who enjoys diplomatic immunity under Vienna Convention? The argument by the Government is that the ambassador has forfeited his immunity when he submitted himself to the authority of Supreme Court. What he has done is to ask the marines to be permitted to leave India and stood surety for their return. Does it constitute forfeiting his immunity? He has in no way implied that Supreme Court has any right on him. He has just asked the court to allow the marines who were being held under the Supreme Court. Then on what ground his movements can be restricted by Supreme Court or the order be implemented by the government of India? All eminent lawyers are arguing that the ambassador has lost his immunity. Will it not put a precedence which can be misused by any nations?
As regards the state of the two marines I wonder that as the Supreme Court has told that Kerala Courts has no right to try the case, is not the action of arresting the marines and putting them in prison also something illegal. When there is no magistrate or judge authorised to try a case how the police can arrest and detain someone. Is it not illegal? And the court is still not in existence. So how it can be said that the marines have escaped? If someone is not arrested does the question of escape come? Supreme Court was holding them but on what charge? Who has preferred a charge. Has not India made a big international faux pas ?
Respectfully, I think that Mr. MBK’s analysis has been completely off right from the beginning and continues proving to be so.
The bottomline is this: Two Indian fishermen were shot dead (best case: suspected to be pirates, worst case: turkey shooting murder exercise by Italian marines). Italians have chosen to grossly insult the Indian State from both diplomatic and legal standpoints: Arghya Sengupta’s Lead Opinion in ‘The Hindu’ of March 16, titled ‘Lawful Responses to Unlawful Actions’ is an excellent, deep and informative analysis: (http://www.thehindu.com/opinion/lead/lawful-responses-to-unlawful-actions/article4513050.ece).
Since Mr. MBK’s views have all along pointed to a ‘diplomatic’ settlement (with perceived disadvantages to India), he set himself to be called “a lawyer at the service of Italy” by a member of the Union cabinet of ministers in a leading Malayalam television channel. Even Mr. Harish Slave, THE laywyer for the Italians, has upped the ante against the Italian Mission (or is it political eyewash?). Now this queers the pitch for Congress and Mrs. Gandhi both ways.