Try trial court: HC to Italians

[1]

The Kerala high court has criticised the Italians of Enrica Lexie vessel for filing a petition before it while the jurisdiction of the case is at the Kollam chief judicial magistrate court.

The court extended the stay imposed on the release of the ship by a day.

The appeals filed by the family members of the two deceased fishermen, against the single bench order directing the state to release the vessel, came up for hearing on Monday.
The court raised its suspicion over the plea filed by the Italians.

A division bench said, “We do not want to unsettle the settled law. The hierarchy of the courts is supposed to be well followed.” Counsel for Enrica Lexie V. J. Mathews submitted that the bond amount can be enhanced and the vessel should be permitted to leave the port.

However, the bench said the petitioner cannot file a petition before the high court before filing a petition at the Kollam court. The seizure report is filed before the Kollam court, it noted.

Meanwhile, Kollam CJM A K Gopakumar extended the remand period of the Italian marines till April 16. The marines are Latorre Massimillano and Salvatore Girone.

The bench said the petitioner cannot file a petition before the Kerala High Court before filing a petition under section 457 of the CRPC at the Kollam court.

The court asked V J Mathews to submit apex court orders which underlines that the High Court can consider such applications.

The court also asked the petitioner who is in charge of the accused marines and was the master responsible to the incident. Counsel however argued that the marines are directly under the control of the commandant who is the first accused in the case.