"Government is clear that the incident happened in Indian waters," Shipping Minister GK Vasan said in Chennai.
Centre on Saturday distanced itself from Additional Solicitor General Harin Raval's submission in the Supreme Court that India has no jurisdiction to detain an Italian ship from which marines shot dead two Indian fishermen, asserting that it happened in Indian waters.
"Government is clear that the incident happened in Indian waters," Shipping Minister GK Vasan told reporters in Chennai.
"It might be his personal opinion," Vasan said, responding to Raval's submission that the ship Enrica Lexie cannot be detained as it was not within Indian territorial waters when the two marines aboard it had allegedly shot dead two Indian fishermen on February 15.
The ASG's submission in the apex court had drawn sharp reactions in Kerala with the family of the victims, the Latin Catholic Church and fishery unions expressing shock and anguish over the matter.
Seizing on the development, the critics said ASG's submission amounted to reinforcing Italy's assertion that Indian courts had no jurisdiction to try the case since the alleged incident happened when the ship was in international waters.
The ruling Congress-led UDF in Kerala also found itself in a bind as ASG's submission contradicted the stand of the government headed by Oommen Chandy which firmly held that India has every legal competence to try the case under its law.
Reacting to the development, Chandy who was in New Delhi yesterday, said he would bring the matter to the notice of the Central leaders as the state had always taken the position that the victims should receive justice.
Spearheading the no-holds-barred attack on the Centre, CPI(M) stalwart VS Achuthanandan said the submission made by ASG was nothing short of a betrayal of the country and people.
Doramma and Derirk Valentine, the deceased fisherman's wife and son, respectively, said in Kollam that it was difficult for them to understand as to how the Centre could take such a U-turn in the case after expressing solidarity with the bereaved families.
The two fishermen were killed when the marines, Latore Massimiliano and Salvatore Gironi, allegedly fired at their boat off Kollam coast. They were arrested on February 19 and charged with murder.
Earlier, the Kerala High Court had directed the state police to allow the ship to leave on its furnishing a bond of Rs3 crore and also an undertaking to Cochin Port Trust authorities that the vessel, master and crew would be produced as and when required by the authorities but this order was stayed by a division bench.
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