The Supreme Court on Monday sought response from the Centre and the Kerala Government on the Italian Government’s plea to quash criminal cases filed against two of its naval personnel on board Italian vessel Enrica Lexie for the killing of two Indian fishermen.
A three-judge bench of justices Altamas Kabir, S S Nijjar and Ranjan Gogoi sought replies within two weeks and posted the matter for further hearing on May 8.
In its petition filed under Article 32, the Italian Government 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 U.N. charter.
Appearing for the Italian government, senior counsel Harish Salve told the bench that the matter needs to be dealt between the two countries and the Kerala Government had no jurisdiction in interfering with the matter as the incident had occurred in “contiguous waters” 12 nautical miles beyond the Indian jurisdiction.
He said the action of the Italian personnel was part of their official duty.
“It is an act of official duty and the Republic of Italy takes full responsibility of it,” Salve said and maintained that they cannot be subjected to domestic laws.
The counsel further argued that if there was any killing of Indian personnel in Siachin, the Kerala Government cannot step in and register a case.
Initially the court wondered whether it can entertain the writ petition filed by the Italian government for enforcement of its fundamental rights.
Article 32 is invoked by a person for enforcement of his/ her fundamental rights.
Keywords: Enrica Lexie, Italian Marines, Kerala fishermen killing, Supreme Court, Italian Government plea
Why are they pointing at Kerala government.. If at all the centre govt, has answers, let it punish the guilty. Is this a sport to kill Indians??? Justice has to be given.
Why the first official and governmental position that the killing happened in Indian waters off the coast of Kerala has been changed? What is the truth? The very fact that the victims were Indians seems to carry no weight at all! Why is Salve comparing Siachin fighting with killing of innocent unarmed fishermen? This fuels the suspicion that money is changing hands or there are extraneous influencing factors.
"He said the action of the Italian personnel was part of their official
duty."
Their duty was first to fire warning shot rather than open firing on
innocent fishermen.
No country has entrusted their guards to kill unarmed fishermen. This is more of a mistake/crime from the part of the Marines/Captain of the ship and they should be prosecuted.
He is only telling you the legal position without bringing in sentiments.
Mr Salve, FYI, the cold blooded murder was not committed in Siachen, it was off the coast of Kerala. I wonder how come the initial claim of Govt that the shooting occurred in Indian waters got changed to international waters later. What ever, now considering that the murderers are in Kerala Police custody, they need to be tried under the Indian Laws and should be awarded the punishment they deserve.
It is shocking that a prominent Lawyer like Mr Salve is comparing the cold blooded murder of the poor fishermen in the jurisdiction of Kerala with that of a soldier in the Siachin
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