Supreme CourtFull Bench(2013) 04 SC CK 0021

Republic of Italy thr. Ambassador and Others vs Union of India (UOI) and Others

Supreme Court Of India · Decided on 2 April 2013 · Citation: (2013) 5 SCALE 519

HON’BLE JUDGES
Altamas Kabir, C.J. · Vikramajit Sen, J · Anil R. Dave, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 135 of 2012 and SLP (C) No. 20370 of 2012

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Judgment

2 paragraphs · 345 words
1.

This matter has been listed today on the basis of the directions issued on 18th March, 2013. On that date, the matter had been mentioned by the learned Attorney General who had produced a copy of Note Verbale No. 100/685 dated 15th March, 2013, addressed to the Ministry of External Affairs, Europe West Division, South Block, New Delhi, by the Embassy of Italy, New Delhi. On 14th March, 2013, this matter had been mentioned on the basis of Note Verbale No. 89/635 dated 11th March, 2013, received by the Ministry of External Affairs from the Italian Embassy in New Delhi, conveying the decision of the Italian Government not to send back the Petitioner Nos. 2 and 3 to stand trial in India. Since the time for the Petitioner Nos. 2 and 3 to return to India had not expired, we had directed the matter to be listed today. We had also extended the interim directions given on 14th March. 2013, directing Mr. Daniele Mancini the Ambassador of Italy in India, not to leave India, without the permission of this Court, until further orders. Since the Petitioner Nos. 2 and 3 have returned to India within the stipulated time, the undertaking given by the Ambassador of Italy in India has been satisfied and he is discharged there from.

2.

As far as this case is concerned, we need not take any further note of either Note Verbale No. 89/635 dated 11th March, 2013, or Note Verbale No. 100/685. The interim order passed on 14th March, 2013, directing Mr. Daniele Mancini, the Ambassador of Italy in India, not to leave India without the permission of this Court, is vacated. Let this matter stand adjourned till 16th April, 2013, at the top, to enable the learned Attorney General for India, to inform us of the steps taken for constitution of a separate Court, which we had intended to be constituted for trial of the Petitioners Nos. 2 and 3 on a Fast Track basis, in terms of the judgment delivered by this Court on 18th January, 2013.