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India to go by legal process only in fishermen killing episode

Published: Tuesday, Feb 21, 2012, 19:50 IST
Place: New Delhi | Agency: PTI

Even as Italy has decided to dispatch its Deputy Foreign Minister to deal with the stand-off over the arrest of its two marines by Kochi police for killing two Indian fishermen off the Kerala coast, New Delhi on Tuesday maintained that it will go by its legal process only.

"We have made it very clear to them (Italy) that as representatives of India, we will go by our legal process. Of course, there are differences of opinions.....," government sources said in Delhi, a day ahead of Italian Deputy Foreign Minister Steffan de Mistura's visit in Delhi.

Referring to the telephonic conversation between the Foreign Ministers of the two countries and subsequent visit by an Italian delegation comprising officials from their legal and foreign ministries, the sources said India was willing to engage and put across its legal process to them.

Observing that the incident was at the stage of investigation, the sources said if the prosecution feels that it should go to the court, Italy is free to present any issue of judicial nature through their legal counsel.

Terming the incident as "a specific incident of suez" nature, they said it is an incident which, perhaps, has never happened before in the relationship between the two countries.

"We are trying to come to grips with it and see how we can move about it," they said, adding India has given the Counsellor access.

Meanwhile, announcing Mistura's visit, Italian Foreign Ministry in Rome said he will "continue on a political level the action so far carried out by a delegation of experts from the Italian foreign, defence and justice ministries."

The statement also said Foreign Minister Giulio Terzi will visit India "personally" next Tuesday.

The petition by the two marines Massimiliano Latorre and Salvatore Girone was likely to be filed in the high court on Wednesday, a counsel representing them told PTI in Kochi.

It had not yet been decided on whose behalf -- government or any other party -- the petition would be filed, the counsel, who did not want to be named, said.

The contention of the accused, who have been slapped with murder charge, would be that Kerala police have no authority to conduct an investigation in the case and courts in India have no jurisdiction as the incident had occurred beyond the Indian territorial waters, the counsel said.

The interrogation of the two accused, who were remanded in three-day police custody yesterday, by a court in Kollam district continued today. The Naval crew has claimed that the fishermen were killed on suspicion of being pirates.

Dora Valentine, wife of Valentine alias Jelstine (45), one of the two fishermen killed in firing from the Italian merchant ship on February 15 off Kollam coast in Kerala, and her two children V Derick and V Jeen meanwhile moved a petition in the high court seeking Rs one crore compensation.

She said the vessel Enrica Lexie should be impounded and not allowed to leave without paying the compensation.

Dora submitted to the court that she did not have Rs 8,18,400 to pay as court fees.

Justice Harun UL Rasheed, before whom the petition came up, posted it for hearing tomorrow.

In another petition, the Captain and owner of Enrica Lexie filed a caveat before the high court seeking to hear them before passing any order with regard to compensation to the families of the two fishermen killed.

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