New Delhi: As Italy reversed its decision of not sending back its two marines, government today said India has given assurances to that country that they will not face death penalty and will not be liable for arrest in the Kerala fishermen killing case if they return by the deadline today set by the Supreme Court.
Hours after Italy made the announcement that the marines will return to face trial, External Affairs Minister Salman Khurshid told Parliament that India had given assurances after clarifications were sought on death penalty which was a "concern" to that country.
Making identical statements in both Lok Sabha and Rajya Sabha, he expressed happiness that the matter was being "brought to a satisfactory conclusion" and the trial will now proceed as per the directions of the Supreme Court.
Khurshid said the government was informed through "a diplomatic approach" that Italy would be willing to send the two marines back to India as per its commitment to face trial in the case of killing two fishermen in February last year.
"It sought from India clarifications regarding the conditions applicable to the marines on their return and the provisions regarding the death penalty that could be applicable in this case which was an Italian concern.
"Notwithstanding the pending proceedings, the government has informed the Italian Government that the two marines will not be liable for arrest if they return within the time frame laid down by the Supreme Court of India," he said.
PM Manmohan Singh says he is happy that integrity and dignity of Indian judicial process has been upheld.
The Supreme Court had allowed the marines to go to their home country for four weeks to cast votes in general elections. The four-week period expires today.
India also allayed Italy's fears by saying that "according to well settled Indian jurisprudence, this case would not fall in the category of matters which attract the death penalty, that is to say the rarest of rare cases. Therefore, there need not be any apprehension in this regard," Khurshid said.
Earlier, Khurshid said diplomacy was at work resulting in Italy's decision to send back two marines charged in the fishermen killing case and parried questions on Italian media reports that Congress president Sonia Gandhi influenced that government's decision.
Welcoming Italy's decision to send back two marines, the minister said the decision has to be conveyed to the Supreme Court through proper procedure and he would apprise Parliament about it.
“I would like, as I have said, to share whatever developments have happened with Parliament but I can certainly say we have been in constant contact. I have repeatedly said you should not write off diplomacy to soon... So at last I can say that diplomacy continues to work when everybody else thinks that everything is lost and please give diplomacy a little more chance to do things that are important for our country,” he said.
Khurshid also said, “Law remains as it is. Nothing changes as far as the law is concerned and my understanding can't change the law.”
Italy last night said it will send back to India two marines to face trial for killing two fishermen after receiving an assurance from the Indian government about the protection of their fundamental rights.
Asked about reports in the Italian media that Gandhi influenced the decision on the marines, he said, “The diplomacy that we do under this government, diplomacy that we do for that matter for any policy implemented by this government is obviously given a direction, given an impetus by the Prime Minister and the Congress president.
“It is a government that is led by them and then for anyone else amongst us to take credit I think would be unbecoming. They lead it from the front. We don't share. We cannot share with you everything that is said to us privately within the confines of government but the bottomline of what we are expected to I think becomes clear in the public sphere,” he said.
On what would be the BJP's reaction to the decision of the marines to return, Khurshid said, “I don't know whether it is an issue or not an issue but I hope they take it in the right context. I hope that if something has been in the national interest and that bolsters the national interest, it should be welcomed by everybody.”
On apprising the Supreme Court about the matter, he said, “No I don't think that the information to the apex court can be given in this manner and the matter is listed on April 2.
“So, they (parties concerned) will have to decide and if they want any modification of the order that was made, there are procedures. The lawyers will be able to follow so that will come in due course. Today is Friday and as you know that the court will not be sitting on Saturday and Sunday.
“So on Monday, if felt appropriate by any party, they can bring it to the notice of the court and it has to be done properly.
“As far as we are concerned, we will take Parliament on board. We will share it with Parliament because this has been a huge issue while Parliament was in session,” he said.
Italy's previous decision not to send marines - Massimiliano Lattore and Salvatore Girone -- to face trial triggered a diplomatic standoff, with the Indian Supreme Court barring the Italian ambassador from leaving the country.
Prime Minister Manmohan Singh last week termed as “unacceptable” Italy's refusal to send its two marines back to India and said the issue will be taken up with that country.
“In light of the assurances received, the government has considered the opportunity, in the interests of Fusiliers Marina, to maintain the commitment made at the permission to participate in the vote back in India by March 22,” the Italian government had said in a statement.
“The marines agreed to this decision,” it added.