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This is an archive article published on April 25, 2012

Victims families get Rs 1 cr each,but case against marines to go on

The victims families gave the requested writing in the affirmative

The Italian government on Tuesday agreed in the Lok Adalat of the Kerala High Court in Kochi to pay a compensation of Rs 1 crore each to the families of the two Kerala fishermen killed by marines on board Italian ship Enrica Lexie in February,ending the legal battle of the victims kin.

After the compensation was settled,Italian Consul General Gian Paolo Cutillo,who represented Italy,touched a Christian chord. Cutillo wanted the victims families to give in writing that they had pardoned the killer marines on behalf of Jesus. The victims families gave the requested writing in the affirmative.

The stage for the settlement,negotiations for which have been going at various levels in the recent weeks,was set on Monday after the wife of slain fisherman Jelestine and two sisters of another victim Ajish Pinku moved the High Court,saying they wanted to withdraw the earlier affidavits and submissions made in the court against Italys plea which sought quashing of the FIR against its two marines.

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The families had last week obtained the High Court permission to approach the Lok Adalat for obtaining legal sanction for the settlement. As part of the amicable settlement,the victims legal heirs had agreed to withdraw all affidavits and submissions they had made at the time of impleading in the Italian petition.

Subsequently,the agreement was placed before the Lok Adalat on Tuesday. The victims legal heirs were given demand drafts worth Rs 1 crore each.

The counsel for Jelestines widow Dora,Justine Paulose,said the settlement of the compensation would not affect the prosecution of the accused. The families of the victims are not associated with the criminal case in any manner,he said. The compensation amount looks the best deal we could win without waiting for the end of the court process, Paulose said.

Kerala D-G of Prosecution T Asifali also said the settlement would not affect the proceedings of the murder case against the marines filed by the Kerala Police.

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After the Italian government paid the compensation,a single judge bench of the High Court ordered to refund the bank guarantee of Rs 3.10 crore which the owner of Enrica Lexie had pledged in the court.

Sources privy to the development said the Italian government stepped into the compensation case as the marines on board the ship were deployed by the government.

In Delhi,official spokesperson of Ministry of External Affairs,Syed Akbaruddin,said there is a case in the Supreme Court over the jurisdiction of Indian law over the detention of the two Italians and until the court decides on it,the case against them would continue. The case will come up in the court on May 8,he said.

With ENS,New Delhi

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