SC pulls up Kerala HC on Italy ‘compromise’
The Supreme Court on Monday disapproved Italy government’s move to “tinker” with the judicial system of the country by entering into a compromise deal with the kin of two Kerala fishermen killed by its Marine guards and came down heavily on the Kerala high court for passing a decree in favour of the Italian government.
Describing the HC order as “astonishing” and the move of the Italy government as a “challenge” to the Indian judicial system, a bench of Justices R.M. Lodha and H.L. Gokhale asked the Kerala government to stop it as it is tantamount to “interference” in the country’s judicial system by a foreign power.
Responding to the strong comments coming from the SC, Kerala’s counsel Gopal Subramaniam said the state government would challenge the Friday’s compromise decree passed by single judge of HC in appropriate forum, which means it would be challenged before a division bench of the HC.
The SC expressed its inability to intervene in the matter without any petition against the compromise order but came down heavily on the HC as how such a decree was passed without a notice to the Italian shipping company, whose ship MT Enrica Lexie was at the centre of the controversy. The SC said the petition before it was limited to the release of the ship.
“It (compromise decree) can’t be without you (shipping company). If the compromise is to be without any notice to the shipping company, how can HC recognise such a suit. It is astonishing,” Justice Lodha, heading the bench said.
“Taking this lady (wife of one of killed fishermen) out of the scene (by compromise deal) is illegal. The payment of `1 crore has locked her mouth. The manner in which the entire thing is done, entire India legal process is sought to be defeated. It is not permissible,” the SC said adding any such decree without notice to the shipping company was “void” under the provisions of Civil Procedure Code.
In the compromise decree, the Italian government had extracted three vital assurances from the kin of the killed fishermen that they would not claim any further liability, would not press the charges against the Marines and would not contest the case in SLP filed by the shipping company in the Supreme Court.
Taking strong exception to extracting such promises from them, bench in uncertain terms told the Kerala’s counsel “They (Italian government) is playing with the Indian judicial process. You should have advised the government not to allow this happen.”
Mr Subramaniam said that the decree was passed on Friday without notice to the state government, which only came to know of it later, hence “we have decided to challenge it at the appropriate forum.”
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