Vinayak Damodar Savarkar - Savarkar Case

Savarkar Case

Savarkar's arrest at Marseilles caused the French government to protest to the British, which argued that the British could only recover Savarkar if they took appropriate legal proceedings for his rendition. This dispute came before the Permanent Court of International Arbitration in 1910, and it gave its decision in 1911. The case excited much controversy as was reported by the New York Times, and it considered it involved an interesting international question of the right of asylum. The Court held, firstly, that since there was a pattern of collaboration between the two countries regarding the possibility of Savarkar's escape in Marseilles and since there was neither force nor fraud in inducing the French authorities to return Savarkar to them, the British authorities did not have to hand him back to the French in order for the latter to hold rendition proceedings. On the other hand, the tribunal also observed that there had been an "irregularity" in Savarkar's arrest and delivery over to the Indian Army Military Police guard.