Government told the SC that neither Kerala has the right to capture Italian ship Enrica Lexie, nor could its police investigate the killing of two Indians.
In a controversial move that has angered Kerala government and embarrassed the foreign ministry, the Union government on Friday told the Supreme Court that neither Kerala has the right to capture Italian ship Enrica Lexie, nor could its police investigate the killing of two Indians.
Addressing an SC bench that’s seized of a lawsuit filed by the shipping company seeking release of the cargo ship from Kerala’s captivity, additional solicitor general Harin Raval, who also represents the shipping ministry, read out the Kerala HC judgment that said that the offence had been committed by the marines 22.5 nautical miles off Indian coast.
“In my opinion, if the HC judgment is to be taken as correct, the state could neither capture the ship nor investigate the crime,” Raval said added, “It’s my opinion which is backed by the IPC, the Code of Criminal Procedure and the Mercantile law.” He also said the alleged offence had been committed beyond Indian marine territory.
Concerned with the seriousness of the ASG’s statement, a bench of Justices RM Lodha and HL Gokhale, questioned him saying “the Centre is saying the Kerala Police doesn’t have jurisdiction? It is very unfortunate and can’t be acceptable. How can you take such a stand?”
The Ministry of External Affairs, however, tried to downplay the development. MEA’s spokesperson Syed Akbaruddin tweeted, “No change in India’s stance on application of ‘law of the land’ regarding Enrica Lexie case.”
The stand contradicts what external affairs minister SM Krishna and diplomats have been stressing over the past two months. India during its meetings with Italian diplomats had invoked its “extra-territorial jurisdiction” to justify the arrest of the marines. The argument has been that location of the ship didn’t matter, and if Italy could invoke its extra-territorial jurisdiction for an incident 5,000 miles away from its coast, India had every reason as its nationals had been killed.
Seeking to clarify its stand, the shipping ministry said in a statement that, not such instructions were given to the counsel. “There is no difference of opinion between the Centre and state government,” it said.
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