SC allows Italian ship,
Marines to leave India
The
Supreme Court on Wednesday ordered the release of Italian merchant navy ship
Enrica Lexie, which was seized after two of its Marines had allegedly killed
two Indian fishermen off Kerala coast in February this year.The apex court also
allowed four marines and six crew members on board it to leave Indian shores
after the Italian government and the ship owner assured it that they will be
available when required by Indian legal authorities.A Bench headed by Justice
R.M. Lodha directed the ship owner to execute a bond of Rs three crore before
the registrar-general of the Kerala High Court as a surety for the presence of
crew members and the vessel whenever required by the Indian authorities.The
Bench directed that the crew members should be made themselves available before
the authorities within five weeks after receiving summons or notice.It also
directed that the vessel be brought before the legal authorities within seven
weeks after receiving summons or notice.The Bench, however, made it clear that
its order would not affect the right of the Kerala government to conduct the
investigation and the prosecution of two marines accused of killing two
fishermen.The apex court had earlier sought the replies of the Centre and the
Kerala government on Italian government’s plea to quash the criminal cases
against its two merchant navy personnel.In its petition filed under Article 32,
the Italian government had asserted that the Kerala Government has no locus
standi to register any criminal case as the alleged offence ought to be treated
under international law and covenants as India is a signatory to the UN
charter.On another petition by Enrica’s owner Dolphin Tankers too, questioning
the Kerala High Court’s order staying the release of the vessel, the apex court
had sought the replies of the Centre, the Kerala government and two relatives
of the slain fishermen gunned down by two marines on February 15.A division
bench of the Kerala High Court had earlier, while setting aside a single
judge’s order, stayed the release of the vessel detained off Kochi port since
February 15.The fishermen, allegedly killed by Italian marines in firing by
them at their fishing boat off off Kollam coast were identified as Valentine
Jalstine and Ajesh Binki.Marines Latore Massimiliano and Salvatore Gironi have
been arrested and charged with murder and lodged in the central prison in
Thiruvananthapuram under judicial remand.
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