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This is an archive article published on May 1, 2012

SC puts condition on ship release

Though the Supreme Court agreed to let Italian ship Enrica Lexie,detained since mid-February,to set sail with a condition,the Republic of Italy played spoilsport

Though the Supreme Court on Monday agreed to let Italian ship Enrica Lexie,detained since mid-February,to set sail with a condition,the Republic of Italy played spoilsport.

The Italian government refused to accept the condition by a Bench of Justices R M Lodha and H L Gokhale to assure the presence of four other marines,present on the ship at the time of the alleged killing,in time for the criminal trial ahead.

The Italian government said any assurance to the SC at this point of time may prejudice another petition already filed by it in the Supreme Court challenging the jurisdiction of the Kerala government to proceed against it.

In that case,the Italians had demanded a diplomatic solution,while contending that the alleged shooting occurred in contiguous waters 12 nautical miles beyond the Indian jurisdiction. It wants the criminal cases against the two navy personnel quashed.

A three-judge Bench of Justices Altamas Kabir,S S Nijjar and Ranjan Gogoi has already issued notices to both Centre and Kerala government for their replies,and posted the matter for further hearing on May 8,2012.

If you want to assist your citizens,your flag,then you will have to assist us by assuring that they four marines will be present before the Investigating Officer when and as required, Justice Lodha stood firm.

The court had to stop dictating its order in the case mid-way when the Italian government refused to give any such assurance.

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Not passing any orders,the Bench gave the Italian government and the parties concerned time till Tuesday to mull over the issue.

This refusal of the Italian government to produce its four marines on demand opens a third front. The Government of Italy is preventing the ship from sailing. All problems start from within, Justice Lodha said.

 

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