Italy lied to us: Will we hit back or stay a banana republic?

[Yaduveer]

I haven't heard any such provision in case of murder - if there is than why they were still under custody after paying handsome compensation? and why Indians make fun of blood money provision in laws of Islamic countries?

Indian are not monolith.

I do not support blood money neither plea bargains or anything other loopholes in laws.

It should not be there. All men should be treated equally in the eyes of law... But that is quite utopian in our societies like India and Pakistan (If you allow me to club India with Pakistan in this case)

 

[arp2041]

Why should the GoI intervene in a decision made by the SC? If the SC was satisfied with the assurances, then what right does the GoI have to go around second guessing them?

If the GoI had intervened, people would accuse them of overstepping their bounds and messing with the Judiciary.

@Developereo, don't understand why you are making vague points here.

Courts take decision AFTER hearing the two sides i.e. Defense & Prosecution.

If Defense & Prosecution converge on one decision, how can COURT take any decision against it???

In this case, the GOI was acting as a Prosecutor, if they weren't having issues with granting a leave, than why will SC have any??

I don't know the details of the diplomatic immunity protocol but, from the article above, it seems the Italians are saying that the marines were representing Italy while on duty, i.e. they were state actors. Also, if they can prove that this occurred in international waters, then there's no issue of whether India granted them diplomatic visas.

Again, this is just one sided point, a person becomes a STATE ACTOR only when both countries i.e. the home country & the country where he is going to travel accept this.

Tell me, if a RAW agent be send to Pakistan & he commits any crime there, but after the incident, GOI says that he was actually representing India & is a State actor, will he become eligible for Diplomatic Immunity??

 

[Audio]

Courts take decision AFTER hearing the two sides i.e. Defense & Prosecution.

If Defense & Prosecution converge on one decision, how can COURT take any decision against it???

In this case, the GOI was acting as a Prosecutor, if they weren't having issues with granting a leave, than why will SC have any??

Governments do not have the judicial authority to decide who goes to jail and who doesn't. At least in theory. According to that same theory the Supreme/Constitutional Court is above the government so checks and balances are preserved.
If not, some party comes to power, declares constitutional changes to allow it's frontrunner to stay in office till death and noone has the legal authority to challenge it.
The court acts on the recomendation of the prosecutor, the prosecutor does not tell the court what to do.

In re to topic:

I went through the other thread, which was closed, the amount of apathy among Indians is shocking. To put it bluntly, what did you expect will happen in the end?

But not because India lacks diplomatic clout, but because those were soldiers on a mission, involved in an incident which so far noone has determined authoritatively where it happened and to top it all off, with testimonies that the boat driver allegedly steered the boat towards the ship which was signalling not to approach.

I would also tend to believe if anything will be proven, ie. misconduct by the Italians, their career is finished (has a black mark already), and they will spend quite a bit of time in jail.
If nothing will be proven, at least families got compensation.

 

[mehboobkz]

abdul mazar madani a Indian citizen is kept in jail in his entire life without even letting him bail for his basic necessitates like medical treatment, all this just for court trails and procedures, he is not even proven guilty. on the other hand some foreign citizen is given permission to celebrate Christimas and then to go vote.. what is wrong with our judicial system ?

Please fine tune yr current affairs knowledge!

He was out on a bail for his daughters marriage where members of Kerala assembly met him.

Flanked by Kerala CPI(M) secretary Pinarayi Vijayan on the right and senior Muslim League leader ET Muhammad Basheer MP on the left

 

[Developereo]

In this case, the GOI was acting as a Prosecutor

Good point. I had forgotten that.

a person becomes a STATE ACTOR only when both countries i.e. the home country & the country where he is going to travel accept this.

Well, in this case, since Italy maintains the incident happened in international waters, there is no "other country".

In any case, I am just relaying what seems to be the Italian play here. It will be interesting to see the Indian response.

 

[Ayush]

A banana I guess.

 

[Agnostic_Indian]

Please fine tune yr current affairs knowledge!

He was out on a bail for his daughters marriage where members of Kerala assembly met him.

Thanks but my current knowledge is up to date, this bail just happened now after much pressure from kerala govt. Before that he has been denied bail several times, for his treatment, never given good treatment while he is on custody, all this town mad who has spend 9 years in jail and then released after court find no evidence against him.then he is been arrested again in 2010 or so, for another trail, with out bail so long, this is sheer injustice

 

[arp2041]

Well, in this case, since Italy maintains the incident happened in international waters, there is no "other country".

In any case, I am just relaying what seems to be the Italian play here. It will be interesting to see the Indian response.

Mate, the question is not that the incident happened in International waters or what currently Italy is saying.

The main issue here is the BREACH OF TRUST & CONTEMPT OF INDIA'S HIGHEST COURT.

In this case, Italian ambassador gave a Personal Guarantee of there return to Supreme Court, & SC TRUSTING the ambassador's words gave them the freedom to leave.

This is what the current Diplomatic row all about.

Weather the incident happened in International waters or not is a discussion for some another day.

 

[genmirajborgza786]

No they dont But then again they will Follow the lead of a Leader(pakistan) and Try to get blood money to save face from the blunder created by their supreme court thunder in saving the face and diplomatic ties

INDIA should STOP COMparing with Pakistan in this matter BLOOD MONEY IS LAW OF PAKISTAN and NOT INDIA so dont be a h1jra nation and copy other Nations but stand your Ground FACELESS india

"thank you come again"

why do you post such nonsense all the time ? plus why do you keep repeating "thank you come again" & make a fool of yourself do you enjoy being ridiculed ? its really annoying even if its a sarcastic snide or remark that you intent to give or make then too, it only goes to show that your situations is quiet desperate, because trust me it doesn't add up to making an impression, in fact it only degrades it

 

[mehboobkz]

Thanks but my current knowledge is up to date, this bail just happened now after much pressure from kerala govt. Before that he has been denied bail several times, for his treatment, never given good treatment while he is on custody, all this town mad who has spend 9 years in jail and then released after court find no evidence against him.then he is been arrested again in 2010 or so, for another trail, with out bail so long, this is sheer injustice

"The medical illness and ailments claimed by him are a smokescreen to come out on bail and engage in fresh conspiracies," the counsel told the bench. The counsel added that Madani was the key conspirator in not only the Bangalore blasts but also Surat and Ahmedabad bomb blasts

Madani pretending to be ill, SC told - Rediff.com India News

 

[Black Widow]

Italy is news these days...

Italy is Royal "in laws" house...

 

[kam83]

And your nation as free country by our Mujahadeens, .

thats why they are celebrating diwali everyday in every nook and corner of pakistan by blowing up your ppl..i m pretty sure u must be mighty proud of them seeing all dead bodies around u in pakistan

 

[mehboobkz]

India studying Italy's refusal to send marines

Lol how many days to study, and then do what?

 

[arp2041]

India studying Italy's refusal to send marines

Lol how many days to study, and then do what?

Appear for CBSE Boards, Simple

 

[Agnostic_Indian]

Madani pretending to be ill, SC told - Rediff.com India News

it's not the words of court but arguments from prosecution.
he has diabetes and that affected his eyes, and because of timely treatment has been denied (and often taken to hospital just to make documents and evade the court ,) he lost 75% of eye sight.
I am not entering to the merits of the case, he could be innocent or may be he is not, but it is violation of a citizens human right and fundamental right that he has to spend 9 years in jail, only to find out whether he is guilty or not, then again the same person is picked up and send to jail (now it's three years ) on another case, again same procedure, put yourself in his shoes, would you like to be in jail for nearly a decade with out proving guilty of anything ? and later released saying not guilty and once again the same **** on another case ? and on the other side you see foreigners are accused of killing a Indian citizen are send to celebrate Christmas and send to to vote, knowing there is little India could do incase if they decide to not return.