Enrica Lexie: Experts differ on Centre’s stand

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The additional solicitor-general, Mr Harin Raval’s controversial stand that Kerala had no jurisdiction to try the marines on the Italian vessel Enrica Lexie came as a shocker to the State’s legal fraternity.

But the breather from the Union external affairs minister, Mr S.M. Krishna, that Centre’s stand was the same as that of the state and that Mr Raval’s remarks were ‘personal’ have kicked up a row.

Law experts feel the contradictory statements will not affect the probe initiated by the state government in any way.

The Advocate-General, Mr K.P. Dandapani, said, “It’s strange that the ASG spoke about the jurisdiction of the case on a plea challenging the detention of the vessel.” The jurisdiction of the case is not at all germane to the case.

The government pleader, Roshan P. Alexander, who was in the court when the ASG made the controversial remark, said, “It was most unfortunate.” Since it was an oral statement, the state needn’t worry.

“Oral submission or not, the ASG represents the government. He is Constitution-bound to present the government view. There’s no scope for personal view,” was how another expert, Mr Sivan Madathil reacted.

The Director-General of Prosecution, Mr Asaf Ali, said the statement was unwarranted. The State had powers to try any offence inside 200 nautical miles of the coast.

Mr C. Unnikrishnan, a lawyer, felt the vessel in which two fishermen were shot dead belonged to the state as per Section 179 of the CrPC and the state had every right to try the accused marines.

‘It’s a cruel joke’
“The shift in the stand of the Union government is a cruel joke, as far as the families of the deceased are concerned. This is a deviation from the stand it took earlier, and this cannot be justified. This will help the Italian Marines escape from the judicial custody here.”
-Derrick Valentine, son of Jelestine, who died in the firing.

“The marines who killed my husband and another fisherman should get proper punishment. They should not be allowed to escape. In my lifetime, in the past 41 years, I haven’t seen or felt an incident of the kind that has happened to my husband. No woman can afford to see the death of her husband this way. The marines should get due punishment. Such a fate should not befall any other fisherman in the future.”
-Dora Valentine, wife of Jelestine.

“Further steps will be taken after consulting legal experts.”
-Fr Rajesh Martin, QSSS director and relative of Dora.

“The stand taken by the Solicitor General is unexpected and disappointing. The government should take stern steps to mete out justice to the families. The relatives should be provided with government jobs as was already promised by the state government.”
-Fr. George Rebeiro, spokesperson, Kollam Diocese.

ASG statement annuls claims of bigwigs

Days after the Italian marines on the vessel Enrica Lexie shot two Indian fishermen on February 15 and the vessel was intercepted and taken into custody and the state government initiated criminal proceedings, bigwigs who matter had come in support of the state stand.

The shooting happened 22 nautical miles off Kerala coast which was part of the nation’s contiguous zone.

The vessel Enrica Lexie was 32 nautical miles off the coast when it was intercepted and the incident should have happened in Indian territorial waters, said the Coast Guard IG and regional commander (western command) S.P.S. Basra three days after the firing.

“We have stated in our position in the court statements (filed before Kollam CJM and Kerala high court), and it is a known position,” the then shipping secretary K. Mohandas had said when asked about the claims of Italy that the firing was in international waters.

India would take up the issue of the excluding the Exclusive Economic Zone from the war zone notification with the Maritime Safety Committee prior to its meeting in May. The EEZ extends up to 200 nautical miles from the coast baseline. It is in the wake of pirate attacks that vessels tend to sail closer to the shore. If this were to be accepted, merchant vessels would move in the outer waters, he said. This had not happened so in the case of the Italian vessel, he had said.

External Affairs minister S.M. Krishna who had met chief minister Oommen Chandy in Kochi on April 2 made it clear that the Centre supported the state government’s stand. “The Kerala government rightly took the Italian Marines into custody. The court will decide as to how this impasse can be resolved,” he had said.

Compensation plea referred to Lok Adalat

The Kerala High Court allowed on Friday, the application of Enrica Lexie victims seeking a directive to refer their compensation pleas filed against the Italian oil tanker Enrica Lexie involved in the firing incident.

Justice A.M. Shafique referred the case to the Lok Adalat and posted the matter to April 24 for an amicable settlement of the issue.

When the case came up for hearing the petitioners, Dora, wife of Jelastine and sisters of Ajeesh Pink submitted before the court that family members had accepted the offer of Rs1 crore compensation put forward by the Republic of Italy and were willing for a settlement out-of-court.

The court meanwhile allowed a petition filed by Consul General of Italy Mr Giampaolo Cutillo, seeking a directive to get impleaded in the compensation case. As per the agreement entered between the parties, the victims’ family is willing to withdraw all its other claims in the admiralty suit.

All cases filed against the Italian marines and the shipping company in the High Court and Kollam CJM Court would be withdrawn.