Describing Italy's compromise with the kin of the two Indian fishermen who were shot dead by its marines as “illegal” and “astonishing,” the Supreme Court said on Monday that they were “playing” with the Indian process of law and felt Kerala should have filed an objection.
A Bench of justices R.M. Lodha and H.L. Gokhale was perturbed that the compromise reached between the parties was placed before the Lok Adalat and subsequently a decree was passed under which the victims' kin were to be paid Rs. 1 crore each [wife of one fisherman and sisters of the other] and the owner of the boat Rs. 17 lakh. “By this means, the Indian legal system has been defeated by entering into an agreement with the woman [the victim's wife]. This is something which is not acceptable,” the bench remarked.
“By making her a payment of Rs. 1 crore, her mouth has been locked. The manner in which the entire legal process is sought to be defeated is not permissible… You should have advised the Kerala government not to allow it,” the bench told the former Solicitor General, Gopal Subramanium, appearing for the State.
Mr. Subramanium, however, told the court that the State was not a party to the compromise and reserved the right to challenge it before higher forum.
Senior counsel K.K. Venugopal, appearing for the vessel owner, also told the court that the compromise was reached between the Italian government and the families without the knowledge of the ship's management.
But the submission failed to convince the court which told the counsel: “It can't be without your consent. How can a compromise be reached without any notice to the ship owners.”
The apex court also sought the Italian government's response on releasing the impounded ship with certain conditions after its owner claimed that their detention had cost the company Rs. 200 crore. “How can courts recognise such a suit? It is astonishing. This is void under the civil procedure code. She is also a party in the SLP. This action is illegal.
The apex court expressed surprise that the compromise was reached in an Admiralty suit. “The Admiralty suit goes to Lok Adalat. Admiralty matter cannot be sent to Lok Adalat. I thought having this knowledge, the State would have acted swiftly in challenging it. It [compromise] is a direct challenge to the Indian court. It is an affront to Indian court,” Justice Lodha, heading the bench, observed.
The counsel sought stringent conditions for the release of the ship and the presence of the crew and marine officers. The apex court, however, declined to pass any adverse order against the crew and the four marine officers aboard the vessel on the ground that they too were entitled to liberty under Article 21.
Hi I want to ask that Italians dont have satalite system or anything
else to see far away to see that they are fisherman or a pirates. Mr
Mistura Is your navy system is that weak. You just believe in killing no
matter its pirates or fisherman. I think Mr Mistura gave them orders to
kill them. Mr mistura you are right. Court should send you the summons
for ordering the marines to kill fisherman. If your marines officers
were killed in that water what you will do. You call that International
Law. Think before you say something. Thank You
Imagine a situation , the Supreme Court handling the case ....it would run for 20 years, the culprits would eat out of KFCs ,drink Pepsi ....and the victim's family would be begging ,or would've sold their homes to feed the lawyers . Thank God , for the Indian Judiciary was not involved ! The solution reached ,though ugly, is the most practical way to help out the family of the dead fishermen....
It is difficult to comprehend what our 'great (rich?) legal lumineries' are fighting for. For whose benefit? The victims or the lawyers? It is great pity they seem to wish to drag this on like Bhopal! God save India
Hail SC's decision. Thought that the Italians would get away paying money to the poor semi literate or illiterate fishermen and "illiterate" politician(pity). Would send a strong word to Italy and other foreign countries that India's Sovereignty cannot be bought with money.
Mr. Iyer, the problem with your logic is that it sets a dangerous precedence. Marines can then freely kill people and escape by paying blood money.
@vkguptan Thanks for the clarification. Now it makes more sense. However, the family has still been short-changed by settling for a meagre amount of Rs. 1 cr (approx USD 200,000). In Italy civil suits are awarded in millions of euros. Assuming that the families were to settle for 10 million euros each (small compared to the usual award), it would amount to approximately Rs. 70cr. When will the inhabitants of "God's Own Country" smarten up. At least some well educated lawyer should have seen the opportunity (for both himself and the family) and helped the family sue for damages, if not the hapless families. Furthermore, the resulting infusion of the capital in the local economy would have had many a positive externality for society.
Bravo!!!
This is similar to Raymond Davis case where he was released by Pakistan after the victim's family were paid compensation
Good that Indian law doesnt believe in Blood money,which is a slap to any judicial system.
Hope the Italians languish in Indian jails for the crime they committed on Indian soil
JUSTICE!!! JUSTICE!!!
Hail Supreme Courts reaction.
India's Sovereignty is held high.
Italian Govt. may find it easy to silence the poor illiterate Fishermen families and "Illiterate" Politicians(pity) through their rebel friends in India. But they can't fool the Justice system in India so easily.
It's long that we had Identified these rebels of India.
1. Who received funding from the CIA to bring down world first people elected Communist Govt.(in Kerala) in 1957?
2. Why did, in 1985, some students in Kerala refuse to sing our national Anthem?
3. What was going on in the name of Tsunami rescue in Tamil Nadu costs?
4. Who is so desperate to de-Nuke India(kudankulam strike and the strike against thorium mining)?
5. Who was the mediator in the out of the court settlement(in the name of GOD) for the murder of 2 Fishermen from Enrica lexie(I don't think that one fine morning the Italian Govt. knocked at the Fishermen's house and offered them 1 crore each)?
...etc etc.
Let's all be WARNED!!
I want to repeat what the apex court had earlier observed regarding
detaining the ship and crew. Here is an imaginary situation. Due to
frequent thefts Government had employed armed guards in sleeper
compartments for the safety of passengers. Early morning at about 3 am
the train stopped in between. When the train was just starting a
passenger hurriedly took one suitcase and hurried to the door and was
getting down. The police man noticed it. Police man thought that the
person hurrying must be a thief and ran after him to catch him.
Unfortunately when he was trying to catch him the person fell from the
train. The fall was fatal and he died of head injury. A case was
filed against the police constable for causing the death of the
passenger and he was arrested. Can the railway compartment and the
passengers detained till the case is over? Or can the government ask
that the compartment should be produced as and when required? Can
witnessed be compelled to appear for hearing
We invoke the supremacy of Indian Law rightly or wrongly in many cases and our Nationalism boils when a Celebity Indian is Patted
down as part of Security in foreign lands.The remarks of the Hon.Justics ARE CORRECT as per the strict interpretation of Law.What we WISH to bury is the reality.Had the Italians NOT paid the dependants of the two fishermen the Court would have asked them to Create A Bank Guarantee to that or a different amount.DO WE in our honest sense believe that the dependants would ever receive the same in their life time ?.They will be dragged through
hundreds of RED TAPES and Lawyers,Politicians and other "DO GOODERS"
would have miked lio's share of it WHEN the funds are released.In between there will be litigations from "öther" relatives to drag and dilute the claims.IF the U.S Court -as they proposed first- been hearing the Bhopal Case the Survivors would have received substantial ad-hoc payments which would have saved eye sights of many and help best treatment etc
Let us think. The killing was not a premeditated or planned murder. In fact neither party knew the other. It was something done owing to the piracy menace. Now let us think again. What is the ultimate purpose of supreme court conducting the case. Assuming it metes out a 20 year punishment to the crew. What about the victims' families? Rs. 2 lakhs compensation? Nobody gains. A justice system is something which can give relief to the victim not harp on judicial nitty gritties. Let us accept their apologies and the Rs.1 crore compensation to the victims' families and close the case. Let SC settle the other pending cases swiftly.
When A kills B the state consider the act of killing as a criminal act
on the society and not just on the individual B. So the families of B
has no locus standi on the case. It is a case the State versus B.
Whatever happens between families of B and perpetrator of the crime A
has no bearing on the case. Case will proceed in its own way. Why all
this noise on the payment made to the poor families? Families have
agreed that they will not pursue any civil suit for compensation. That
is all. How family can withdraw a case of murder. This is not a Sharia
law where giving blood money the criminal proceedings also will be
stopped.
How it is possible to happen that an Indian court is just a spectator about a criminal case? This case is challenging our commonsense,is not it?
The payment only concerns civil damages matter. Accepting it settles the civil damages. The criminal case is not affected by the payment. In fact it is an indirect admission of guilt!
Oh sure...the SC is pained. So where was the SC pain when so many cases in the past have reached out of court settlement ? Case in point: the hit and run case of Admiral Nanda's grandson. So no money was paid to the witnesses ? So where did the pain of the SC go then ? So why did that case have to go through so many flip flops before the Admiral's grandson was finally convicted ? I think the SC often takes this holier than thou attitude whenever it suits its politically correct stand.
I dont blame the relatives or people advising them for the settlement.
But this incident shows the indian judiciary and government in very bad
light and the damage it does to self esteem of people of india is beyond
repair.
What started as a criminal case has turned to be a farce with the families of the victims withdrawing their cases once they accepted the offer of compensation from the Italian authorities. The shootings were probably an accident but the fact remains that two Indian fishermen were killed and the Italians must face the consequences of their action, albeit to the lesser charge of manslaughter. It is not up to the families to decide the course of action, but the rule of law especially since the case is presently being heard in the High Court of Kerala. After all, the precedent this settlement sets is that it will now be alright for foreign vessels to shoot at our fisher folk as long as they are prepared to pay adequate blood money for indulging in target practice. And the Kerala High Court now looks like a bystander or toothless referee in the middle of all the financial negotiation taking place. Life in India could never be so cheap, sad!
Does it mean any foreigner can kill an Indian, pay 1 Crore money
and go back home freely? Very disappointing to read.
“This is a challenge to the Indian judicial system, this is
impermissible. It is most unfortunate.”Said SC today, forgetting what it
did in Union Carbide case.
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