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Updated: April 22, 2012 19:16 IST

Italian marines case: Kerala Govt. protests ASG stand on jurisdiction

G. Krishnakumar
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Kerala Chief Minister Oommen Chandy held discussions with the AICC general secretary in-charge of Kerala over the issue. File photo.
The Hindu
Kerala Chief Minister Oommen Chandy held discussions with the AICC general secretary in-charge of Kerala over the issue. File photo.

Chief Minister Oommen Chandy said his government has requested the Centre not to allow Mr. Raval to appear for the case again.

Chief Minister Oommen Chandy said here on Saturday that the Kerala government has conveyed to the Attorney General its strong protest over the Additional Solicitor-General’s submission before a Supreme Court Bench on Friday that India had no jurisdiction to detain an Italian ship involved in the shooting deaths of two Indian fishermen off the coast of Kerala.

Speaking to media persons after holding talks with Madhusoodanan Mistry, AICC general secretary in-charge of Kerala here on Saturday, Mr. Chandy said that the Kerala government has also requested the Centre not to allow Mr. Raval to appear for the case again.

The Chief Minister said that the Attorney General had assured him that necessary steps would be taken after holding talks over this issue with the Union Law Minister.

Mr. Chandy said that the stance taken by the legal official before the Supreme Court was his personal opinion and not the view of the Union government. He said that the Centre had supported the stance taken by the Kerala government when the case came up for hearing before the Kerala High Court.

The Chief Minister refused to divulge the details of the discussions held with Mr. Mistry over various political issues facing the Congress especially in the wake of the controversy related to the allotment of fifth Cabinet berth to the Indian Union Muslim League. KPCC president Ramesh Chennithala was also present during the talks.

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Liberty and freedom are effectively and practically guaranteed to
every individual under the Constitution when neither the State Government nor the Central Government have complete jurisdiction over
any matter affecting the individual. Dignity of the individual is
guaranteed/assured to every individual in the Preamble to the
Constitution of India. The Hon'ble Supreme Court has the final say
over the matter on what is right and what is wrong- whether it is in
favour of the Italian Marines or the Kerala fishermen; - and it has
complete jurisdiction to decide this.

from:  Tony Thomas
Posted on: Apr 22, 2012 at 10:51 IST

While the act was atrocious, it doesn't necessarily mean that the
Indian govt has the jurisdiction to try the Marines for murder
directly. If what the ASG said is (and I have a strong feeling it is)
true, then this prosecution becomes a desperate and illegal attempt by
the Congress to show off their commitment to the country. In that case
the govt is taking us all for a ride. That the Italian govt paid
compensation is a two-edged sword - it might point to the fact that
they have little faith in Indian courts and feel that the Marines
won't receive a fair trial. While I want justice for the fishermen, I
do not want my govt to embark on a witch-hunt to show off its
patriotism. I resent so much venom being spewed by the others here.
When Gandhiji himself wasn't in favor of creating free India from the
"ashes of Britain" our govt surely shouldn't contravene international
law in prosecuting these marines. Due process must be followed and the
marines given whatever chance the law gives them.

from:  Aritra Gupta
Posted on: Apr 21, 2012 at 19:04 IST

When did India protect its citizens - be it the Tamil fishermen who repeatedly are being killed by the srilankan navy personal with so much ferocity or the Bhopal Gas victims or the Kashmiris at the hands of the Army to name a few? Manmohan under the auspices of the Congress government is more honoured to please the western colonial imperial masters rather than his own countrymen. And so are his political colleagues.

from:  M.S.Chagla
Posted on: Apr 21, 2012 at 16:42 IST

In the absence of expert opinions from lawyers familiar with maritime
laws and international jurisdictions, on the specific facts of the
case, readers have little to go on. One place this could have been
established would have been the SC.
It is difficult to know now whether this will happen or not.
If it does not, how will it impact India's reputation as a govt which
is (i) interested in truth and justice, (ii) protects the rights of
its citizens, (iii) does not keel over under international pressure?
There could also be another matter - what is the going rate for
killing an Indian? All four are serious matters, and can fudging the
issues (blunder or conspiracy theory) or sweeping the matter under
the carpet be in the national interest?

from:  D Mahapatra
Posted on: Apr 21, 2012 at 16:25 IST

Amercian Govt looks after americans, Indian Govt looks after Italians.
After all who is bothered.

from:  nara
Posted on: Apr 21, 2012 at 16:04 IST

If Indian governments has concerns atleast 1% of that shown by Italian government to its citizens, these marines will not escape from India.

from:  Ranjith
Posted on: Apr 21, 2012 at 15:45 IST

It is really hard to believe that the submission by Additional solicitor general was personal. He would have a surely Consulted State and Central agencies. The Motive is pretty clear Cenrtal gov had no intention to go up with the Case, they where waiting for the By-election results from pirvam. No it is all clear for them to Clear the marines..

from:  Toney
Posted on: Apr 21, 2012 at 15:42 IST

I had read many a times that a ploitical leader when gives a statement which is not liked bythe party, the party take stand that this is his pesonal views.Statement of Digvijay Singh, Beniprasad Burma in last election in UP is a glaring example. But I have not read till date that any authorised law officer like Standing Counsel, Got. Advvocate made a statement in his case is his personal views. There is room that a Govt Advocate will say some thing in court particularly Appex Court will be denied by the Govt that he the opinion given by him is his personal opion. If Govt is right, then they must sack him immediately that people of the Country partituclarly Kerala people will know that this views of ASG is not the views of Union Govt. Otherwise people will take it granted that the stand taken by ASG is the view of Union Govt, but they are now denying as Congress is rulling Kerala and a byelection is going to be held recently. Wait what acion the GOI is going to take.

from:  Nurshing Patnaik
Posted on: Apr 21, 2012 at 15:19 IST

In the marine case, it is very unfortunate that the central govt has let down the state govt..
Indian fishermen were shot by the crew in the Italianship and according to the media, the
Italian govt has also paid compensation as well. Will the foreign govt agree to pay comp-
Ensation, if the wrong was not committed. This is a serious issue, affecting the credibility
Of the state government , and such moves will go against the center as well.

from:  C.p.Chandra das
Posted on: Apr 21, 2012 at 14:45 IST

The additional soliciter general has betrayed his own countrymen.If this person continues in any government post is a living threat to the nation.We must ensure that his personal opinion is punished.if he escapes punishment, it means the italian lady has won over her own countrymen and betrayed the indians.

from:  Samuel J
Posted on: Apr 21, 2012 at 14:19 IST

Give Re. crore and u can get away with murder! Police will have less work,courts will have plenty of time to deliberate on other issues, and vakils and other interlocutors can reap bounties from every murder committed. LICENCE FOR CRIME approved

from:  Shankaranarayanan
Posted on: Apr 21, 2012 at 14:12 IST

When a lawyer appears on behalf of a government and submits an opinion it is to be assumed to be that of the government. In such cases it is the post and not the person who is concerned. In a somewhat parallel situation one presiding judge on this same issue in Kerala orally observed that ' what the Italian marines have done is a terrorist act in the eyes of the victims families'. It is a meaningless statement. When someone comments something sitting on a judges chair it is the view of the judge and not the person's view. What the victims family may be feeling is also irrelevant. What it is as per the existing law. It is just whether it was a terrorist act or not as per law. Why there are so many governmental agencies involved in this affair. There is Kerala Government, then External Affairs Ministry, then Law Ministry, then Shipping Ministry and what. This proves the old adage ' Too many cooks spoil the broth'.

from:  vkguptan
Posted on: Apr 21, 2012 at 13:24 IST
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