The Supreme Court on Wednesday allowed the release of Italian ship ‘Enrica Lexie’ which remained seized at Cochin port following the killing of two fishermen by Italian naval protection guards, off the Kerala coast on February 15.
A bench of justices R M Lodha and H L Gokhale passed the order for the sailing of the vessel after an assurance from the Republic of Italy that four marines as well as six other crew members, who were witness to the incident, could be produced here on summons. “We accept the assurance from the Republic of Italy that if the presence of four marines is required by courts on summons or investigating officer or lawful authority, it will ensure their presence.”
Bond worth Rs 3 cr
“The assurance shall, however, not affect the right of four marines to challenge such summons issued by any court, Investigating Officer or any lawful authority,” the bench said.
The court directed the master of the ship to execute a bond of Rs 3 crore before the Kerala High Court registrar to ensure production of the vessel as well as crew members as and when required here within seven weeks. The court’s order came after over two-hour long arguments by counsel representing Kerala and Union government and the Republic of Italy.
Senior advocate Harish Salve, appearing for the Republic of Italy, contended that the assurance to produce the naval guards as well as crew members in Indian courts or before the investigating officer would be subject to its right to challenge the jurisdiction of Indian laws.
His submission was strongly opposed by Attorney General G E Vahanvati and senior advocate Gopal Subramaniam, appearing for the Kerala government, who said that this was meaningless assurance.Vahanvati said: “The assurance cannot be open-ended.”
Subramaniam said: “The statement furnished by Italy is not acceptable by the Kerala government.”
He referred to a compromise entered into by Italy government with the kith and kin of two deceased fishermen and owner of the fishing boat on April 24, allegedly extracting a promise from them that they would not be witness in pending criminal case after paying them money.
Against public policy
The court, however, was not convinced with the submission, saying the agreement could best be ignored. The bench described the insistence by the Kerala government as “against public policy” and the approach as “misplaced”.
“Our law does not recognize such an agreement. It is void ab initio,” the Bench said. Salve also intervened to reiterate that the payment was made as a goodwill gesture and not in the form of compensation.