Enrica Lexie, would not be allowed to sail off the Kerala coast unless there was an assurance
The Supreme Court on Tuesday warned that Italian ship Enrica Lexie involved in the killings of two fishermen would not be allowed to sail off the Kerala coast unless there was an assurance that marines and other staff, who were witnesses in the case, would be produced as and when required during the trial in the case.
A bench of Justices R M Lodha and H L Gokhale allowed the Italy government to clarify its stand by Wednesday morning in this regard. “If you don’t assure us, it is simple, we can’t allow the ship to go otherwise,” the bench told senior advocate Harish Salve, appearing for the Republic of Italy.
Salve submitted “no court here could ask us to do anything as we claimed sovereign immunity under the laws of the sea.”
“It is quite strange, you have applied for admiralty suit and now questioning the jurisdiction of Indian laws,” the court said.
The apex court on Monday questioned the agreement entered into by the Italy government on April 24 and Doramma, wife of one of the deceased fishermen, after paying her Rs 1 crore and securing a promise from her that she would not pursue the criminal case with regard to the killings.
Appearing for the Italy government, Salve said he wanted everything to be upfront so that tomorrow there was no problem if the Italy government said that they would not be able to produce those people here. He sought time for seeking instruction on the issue.
“We are proceeding with the assumption that the Kerala police had the jurisdiction in the matter,” the court said.
Notably, the Italy government had filed a petition – which is being heard by a separate bench – challenging the jurisdiction of the Kerala police to arrest two marines from the ship “Enrica Lexie” following the incident.
Appearing before the court hours after the matter was adjourned for Wednesday, Salve submitted that the payments to victims’ family was only a goodwill gesture only and not a settlement. He said that should not be treated as interference in pending criminal proceedings.
Source: Deccan Herald
