The Kerala High Court on Wednesday granted bail, on stringent conditions, to the two Italian marines accused of shooting to death two fishermen from onboard an Italian ship off the Kerala coast.
Justice N.K. Balakrishnan directed that the accused be released on bail on executing a bond for Rs.1 crore each with two solvent Indian sureties each for the like sum to the satisfaction of the magistrate court concerned.
The court ordered that the accused be released only on production of valid travel documents or visa, which had been endorsed by the Foreigners Regional Registration Officer or the Foreigners Registration Officer. The other conditions were: they shall appear before the Ernakulam city police commissioner on all days between 10 and 11 a.m. until further orders; and the petitioners shall stay in a building within a distance of 10 km from the office of the police chief. The judge directed the accused to provide the number and other details of the building they intended to stay to the police commissioner. The accused shall not leave the territorial limits of the city police commissioner.
The accused shall not directly or indirectly make any inducement, threat or promise to persons acquainted with the case so as to dissuade him/her from disclosing the facts to the court to any police officer and shall not tamper with evidence.
The sureties shall not leave the State without the court permission. The accused should also furnish their mobile numbers, if any, to the police commissioner.
The court directed the police to inform the sea port or other authorities to ensure that the accused did not leave the country.
The marines, Massimiliano Lattore and Salvatore Girone, moved the High Court following the dismissal of their bail pleas by the Kollam Sessions Court. The Italians said they had been in custody for over 91 days. They had been away from their family and living in a totally alien environment. And their mental and physical health had been affected adversely because of the prolonged detention in a secluded cell. The petitioners pointed out that the investigation was over and the charge sheet had already been filed before the sessions court. Therefore, detaining them further was unnecessary and unwarranted.
The Centre pleaded that the court should insist on Indian sureties rather than foreign embassy officials in case the High Court granted bail to the marines. If an Indian citizen was provided as a surety, the marines would not leave the country and would be available for trial, it said.
Let's look at the matters from a broader perspective:
i) persons killed; property damaged - out at sea;
ii) three or four armed forces vessels/aircraft coercively detain/abduct alleged "killers";
iii) clans men of those killed - who are Judges/Lawyers/Politicians/ mobs/thousands of armed forces personell insist - that their pathway of dispute resolution is the ONLY pathway to "JUSTICE";
Nonsense !
Setting apart the technicalities of the law, I have not clearly understood the motive, or the reason for the shooting. Was the Italian vessel threatened at any point? Or to be more precise, was the Italian vessel perceived to have been threatened at any point? Was the shooting done in cold blood? This was probably an avoidable incident, and while it turned out to be tragic for the Indian fishermen, it looks like a case of mistaken identity, further heightened by the tensions of Somalian piracy in the Indian ocean.
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I only want to believe that most personnel from the armed forces do not open fire indiscriminately on civilian populations. I will certainly be held guilty of not being "real" if I pursue that argument vigorously.
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The whole incident just leaves me sad.
Instead of Italian .if Indians has done the crime what court verdict
will be ? Is there any involvement with minister A.K.Antony to relese
these Italians ?
Mr.Rajaguru, it will be an attack on a sovereign nation by another and
is equivalent to declaration of war. We should send our navy and catch
the culprits. This is not an attack of that type. Here there was no
intention of destroying the vessel or anything. It was an alleged
shooting at two civilians due to mistaken identity.
The court accepts and evidence show that the shooting occurred not within the territorial limit of 12 miles from the coastline, but in the maritime economic zone of 200 miles. the question to be answered is whether Indian law extended to 200 miles? I am very sure that there is international law and precedent on this subject. This case needs to be tried immediately and judgement passed.
Mr VKGupdan,
It was fortunate that your family member was not the victim of that bullet.
If such would be the scenario then I can bet the complete reversal of your stand over the issue.
You would not have been in the situation of finding the content of any IPC section then sir......
If the marines can be tried as per Indian Law with stringent conditions, why not the KASAB for harsher punishment. But rather he has been the official guest of Indian Government. We should put thought about that.
The court has taken a carefully thought out step. Almost a hundred
years ago a certain general Dyre felt that he could use Indians for
target practice and mascaraed Indians in the 100s in a cowardly act .
This general was hailed as a hero in colonial Britain.
It is ironic that some in Europe still feel this way about our country
and our countrymen. For the first time since independence we have sent
a strong message that Indians are not sitting ducks for some
European's escapade with an automatic weapon.
We may be poor but our lives are just as important to us as theirs are
to them.
Mr VKGupdan,
If the marines in an Italian flaged carrier shot at an Indian facility on shore, lets say fired a missle at one of our nuke facilities, under which laws do you prefer trying him under?
Dear vkguptan,
The firing happened in a ship that has a Italian flag, but the murder (death) happened in a boat that's clearly governed by Indian law. The question now is what is the crime. Is it the shooting or the killing? I think killing is the crime. This means that they should be tried in Indian soil.
The High Court has clarified a number of important matters, and it is
to be commended for that. However, the issue of the Contiguous Zone is
what will make the case one with far-reaching consequences, perhaps at
the international level, and therefore I think that this lawsuit
should have been heard by a larger Bench. This issue about the
legality of the registration of the FIR should go on to the Supreme
Court before the actual case against the marines proceeds. To the best
of my knowledge the CZ is a contentious issue in International
Maritime Law and there are no clear-cut procedures about jurisdiction
in that zone. The unilateral extension by India of its criminal
jurisdiction into the CZ might not be legally sustainable. The issue
should be given the importance it deserves rather than baying for the
blood of the "white murderers". We, being Indians, should ensure that
the International Law, which we have accepted, is followed in letter
AND in spirit.
Section 3 of IPC reads : Sec. 3: Punishment for offences committed
beyond but which by law may be tried within India:Any person liable by
any Indian law to be tried for an offence committed beyond India shall
be dealt with according to the provisions of this Code for any act
committed beyond India in the same manner as if such act had been
committed within India.What the sentence 'any person liable by any
India law to be tried within India'. Does it not mean that this
section is applicable to anyone bound by Indian laws? If such a person
commits a crime beyond India's land boundary to be
tried............... It is not applicable to anyone who is not bound
by Indian laws. Italian marines are not bound by Indian laws. Italian
Marines committed a crime in an Italian flagged ship which is as good
as committing a crime in Italian soil. It is a wonder how this is
interpreted as a crime to be tried in Indian courts.I could not get any attributes in IPC that it applies to all. The law
as given in IPC is applicable to only those who are bound by Indian
laws.
When a foreign citizen is in India then it will apply to him also as
the local law should apply to all. In this case the Marines were not in Indian soil or something equivalent to Indian soil. So the Indian law cannot be applied to
them. Or it seems to me.
Now we have some much needed clarity in this case with regard to where the shooting has actually occurred, in Indian waters or outside of it, and what is the basis of Italy's position. As the counsel for these two marines has not disputed the fact that the incident has happened inside India's maritime boundary and there is proof to suggest that no distress call was sent out, it becomes clear that it was a shoot and scoot operation that was undertaken. The marines perhaps could not imagine that they would be held accountable. I only wish that justice is done to the family of the victim.
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