New Delhi:
The Supreme Court will hear the Italian marines case today. Last week, the court had slammed the Italian government for not sending back the two marines - Massimiliano Latorre and Salvatore Girone - to face murder charges in Delhi for shooting two fishermen in Kerala last year.
The Supreme Court had on Thursday said that the Italian envoy must stay in India at least till Monday to give the explanation. Airports were alert on Friday to prevent Mr Mancini from leaving India. The Ambassador will file affidavits today. Sources tell NDTV that Mr Mancini will claim diplomatic immunity before the Supreme Court.
Mr Mancini had given a written assurance to the Supreme Court that the two marines would return to stand trial if they were allowed to travel home for four weeks for Easter and to vote in the national election.
Harish Salve, who quit as Italian government's counsel, feels that Mr Mancini breached a solemn undertaking given to Supreme Court which can take action against the envoy including sending him to jail.
On March 11, Italy had informed India that the marines would not be sent back.
The Supreme Court ruling keeping Mr Mancini in India appears to run contrary to diplomatic norms which guarantee the freedom of movement of foreign envoys.
Article 29 of the Vienna Convention on Diplomatic Relations, 1961, states that diplomats shall "not be liable to any form of arrest or detention".
But the Foreign Ministry has argued that "if the diplomatic agent willingly submits to the jurisdiction of a court, then that jurisdiction applies".
Italy says that its decision was taken after India ignored its written offer for diplomatic negotiations, and because New Delhi does not have jurisdiction over the case.
The marines were guarding an Italian tanker off the Kochi coast in February last year when they say they mistook two fishermen for pirates, and shot them.
Italy claims the shooting took place in international waters; India disagrees.