Kerala high court has set aside a single judge’s order to release Italian merchant vessel Enrica Lexie clarifying that the magistrate court in Kollam has the hierarchical jurisdiction to dispose of the ship’s detention issue. The court on Tuesday directed the vessel to move the chief judicial magistrate court in Kollam within a week and asked the CJM to dispose it of within a week.
Acting Chief Justice Manjula Chellur and Justice V. Chithambaresh observed that since the special investigation team had filed a seizure report before the Kollam CJM, the petition against the detention should lie there and not with the high court.
“The court of jurisdiction… is the Kollam CJM before whom the investigating officer is submitting reports on the status of the investigation. The CJM court would decide whether the vessel is required for further investigation and subsequently for the trial or inquiry,” the bench held.
The court passed the order allowing appeals by families of the two fishermen shot dead by Italian marines on board Enrica Lexie.
Rejecting Enrica counsel V.J. Mathews’ objection, the court pointed out that the police had asked the master of the vessel not to proceed with the voyage.
The single judge had earlier asked the state to permit the ship to sail out after furnishing a bond for `3 crores before Cochin Port Trust with an undertaking to produce the vessel, master and the crew as and when required.