The Supreme Court has termed this so-called pact as an attempt to defeat the 'Indian legal process'.
Anguished at the ‘out-of-court settlement’ between the complainants and the detained Italian ship whose two marines had shot dead two native fishermen in February this year, the Supreme Court termed this so-called pact as an attempt to defeat the “Indian legal process”.
The SC also questioned the Kerala government as to why had it not challenged the settlement before a larger bench of the high court. A bench of Justices R M Lodha and H L Gokhale on Monday expressed their displeasure during the resumed hearing in the lawsuits concerning release of the detained 1,00,000 tonne Enrica Lexie cargo ship and speedy dispensation of the trial by an international forum for the alleged offence had taken place off Indian ocean maritime zone.
The judges asked the Kerala government to challenge the settlement approval order passed by a single judge bench of the HC, as under the Indian penal law, the state is the prosecutor on behalf of the complainant in a classified serious crime.
Meanwhile, a Kerala court has extended the judicial custody of two accused marines Latorre Massimillano and Salvatore Girone, who are facing the charge of murdering fishermen Ajesh Binki, 25, and Gelastine, 45.
Last week, the shipping company had signed the out-of-court settlement after paying Rs1 crore to the families of each of the killed fishermen and another Rs17 lakh to J Freddy, owner of the fishing boat in which the victims were travelling, as compensation for damage to the boat. In return, the complaints alleging the offence wouldn’t be pursued by the dependents of the murder fishermen.
The Italian ship owners have been insisting on the release of the ship saying the marines could have been involved n the crime but not the ship, thus she can’t be detained as the ‘case property’.
“It pains us the manner in which the Indian legal process is sought to be defeated,” judges told the lawyers Gopal Subramanium (Kerala), KK Venugopal (ship) and Viplav Sharma (Italian government).
Referring to the so-called compromise, judges told the senior counsel that “this is a challenge to the Indian judicial system, this is impermissible. It is most unfortunate.”
The top court also indicated that it isn’t in favour of detaining the cargo ship and her two marines unless their presence is required by the investigating authorities.
“Not only the citizens of this country but even foreign nationals, present in the country are entitled to the protection as per Article 21 which grants right to life and liberty to everyone in India,” the court added.
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