The Supreme Court also issued notice to the Italian ambassador for breach of undertaking by failing to bring back the two naval guards who are facing trial in India for killing two Kerala fishermen.
The apex court has asked the Italian ambassador to reply to the court by March 18.
The attorney general (AG) mentioned the breach of undertaking before the Chief Justice-headed bench. The AG said government has rejected the March 11 note verbale from Italy conveying its decision not to return the marines to India.
The AG said government is gravely concerned by the development, more so because it was a violation of the orders of the highest court of India.
The court also issued notice to the two naval guards through the ambassador.
Earlier, Daniele Mancini, has said that he will not leave India until he is made persona non grata, meaning an unwelcome person, over the Italian marines row. His statement came amidst reports that India was looking to expel the envoy from the country. "I will not leave this country till a competent authority makes me persona non grata.. I am more than glad to live in this country for years to come," he had said.
The two naval guards had been allowed to visit their country to participate in the elections there on an undertaking from the envoy.
The Supreme Court on Feb 22 allowed the two naval guards to fly to Italy to vote in the Feb 24-25 national elections. The apex court was given an undertaking by the ambassador that the marines will return in four weeks to face legal proceedings in India.
Italy claims the incident occurred in international waters and has been trying to get Latorre and Girone tried in Italian courts, while India contends the shooting occurred in its own territory. In a note on March 6. the Italian government had requested India to set up a meeting at diplomatic level in order to reach an amicable solution of the controversy. The request "is under examination" by India.
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