New Delhi: The Centre on Friday sparked a controversy when one of its law officers told the Supreme Court that Directorate General of Shipping felt that Italian ship MT Enrica Lexie, which is in the custody of Kerala Police, was in international waters and, therefore, beyond Indian jurisdiction when it was detained by cops.
“It is doubtful whether the police station had the jurisdiction in this case. I have the coordinates of the ship. The vessel carried an Italian flag and was found to be at 20.5 nautical miles from the coast. Our territorial waters end at 12 nautical miles. Beyond it the international law would apply,” additional solicitor general Harin Rawal told a bench of Justices R M Lodha and H L Gokhale. When asked by the bench, he said the merchant vessel “can be released”.
Within hours, Rawal retracted his stance, claiming that what he said in court was his personal opinion, and that he had received no instruction from the government. As if in tandem, the shipping ministry also issued a statement denying that it was at odds with Kerala government on the issue which has inflamed anti-India sentiments among sections in Italy. Even the ministry of external affairs chipped in as part of what appeared to be a damage-control exercise.
VOLTE-FACE IN COURT
It is doubtful whether the (Kerala) police station had jurisdiction in this case. The vessel carried an Italian flag and was found at 20.5 nautical miles from the coast. Our territorial waters end at 12 nautical miles —HARIN RAVAL | ADDL SOLICITOR GEN ( la t e r s a y s it’s his vie w , n o t g o v t’s )
SUPREME COURT HITS BACK
We do not expect such a stand from the central govt when citizens of this country have been killed
ON KERALA ATTACHING SHIP
Do you attach a train just because a crime occurred in it? It is a very strange case where the ship is attached when there’s nothing to suggest it had any association with the crime
Surprised at govt stand: CM
Kerala CM Oommen Chandy said he was surprised at the Centre’s stand in the Supreme Court, as the state had consulted with the central government on all aspects of the case. The CPM and BJP demanded Chandy’s resignation, citing Congress’s “Italian connection” for the volte-face.Italian case: SC bench surprised by govt stand
NewDelhi:In a press release, the shipping ministry stressed that it had filed no affidavit before the SC “nor any such instructions were given to the government counsel”. “There is no difference of opinion between the Centre and the state government,” the ministry further said. The Italian merchant ship has been in Indian custody since Feb 15 when two marines on it opened fire killing two Indian fishermen after they mistook the latter’s trawler to be a pirate vessel.
The two marines are in detention, with authorities as well as kin of victims rebuffing all overtures for an out-ofcourt settlement. The ship owners had moved the court challenging the detention of the ship by Kerala Police.Raval’ statement that Directorate General of Shipping had no objection for the release of the ship weakens the legal force behind Kerala Police’s decision.
Significantly, the day also saw the Italian government, through its embassy, moving a fresh petition in the apex court claiming that trial of the two Italian marines in the state was vitiated because of violation of international law as well as surcharged atmosphere.
The Italian government pointed to the alleged location of the ship in international waters: A claim now supported by the Directorate General of Shipping. The Italian government on Friday again argued that the two marines be tried under international law.
Indian government has asserted its right to try the two Italians under Indian law on the ground that they are accused of killing Indian nationals on an Indian vessel, arguing that the issue of whether the Italian vessel was in international waters at the time of shooting was not relevant to the case. The stance was reaffirmed by MEA after Rawal’s statement in SC. “The MEA’s position remains the same. We have jurisdiction,” a ministry spokesperson said, adding the shots were fired at a vessel registered in India.
Rawal’s statement, which he later termed as his personal view, appeared to have surprised the SC bench, with the two judges asking, “So, according to you, Kerala Police has no jurisdiction to try this case.” Raval said, “It is doubtful whether the police station concerned in Kerala had jurisdiction.”
The bench said, “We do not expect such a stand from the central government when citizens of this country have been killed. It is very unfortunate as the persons killed are within Indian territory.”
However, the bench seemed equally puzzled by Kerala government’s decision to detain the ship.
Govt’s somersault shocks Kerala T he Centre’s somersault in the Supreme Court in the Italian ship case on Friday has triggered off widespread rage and condemnation in Kerala.
Distancing himself from the Centre’s stand, chief minister Oommen Chandy said he was surprised as the state had been in consultation with the Centre on all aspects of the case. The CM said that Kerala still adhered to its stand that the state had the powers to proceed against the Italians in the case.
“It is doubtful whether the police station had the jurisdiction in this case. I have the coordinates of the ship. The vessel carried an Italian flag and was found to be at 20.5 nautical miles from the coast. Our territorial waters end at 12 nautical miles. Beyond it the international law would apply,” additional solicitor general Harin Rawal told a bench of Justices R M Lodha and H L Gokhale. When asked by the bench, he said the merchant vessel “can be released”.
Within hours, Rawal retracted his stance, claiming that what he said in court was his personal opinion, and that he had received no instruction from the government. As if in tandem, the shipping ministry also issued a statement denying that it was at odds with Kerala government on the issue which has inflamed anti-India sentiments among sections in Italy. Even the ministry of external affairs chipped in as part of what appeared to be a damage-control exercise.
VOLTE-FACE IN COURT
It is doubtful whether the (Kerala) police station had jurisdiction in this case. The vessel carried an Italian flag and was found at 20.5 nautical miles from the coast. Our territorial waters end at 12 nautical miles —HARIN RAVAL | ADDL SOLICITOR GEN ( la t e r s a y s it’s his vie w , n o t g o v t’s )
SUPREME COURT HITS BACK
We do not expect such a stand from the central govt when citizens of this country have been killed
ON KERALA ATTACHING SHIP
Do you attach a train just because a crime occurred in it? It is a very strange case where the ship is attached when there’s nothing to suggest it had any association with the crime
Surprised at govt stand: CM
Kerala CM Oommen Chandy said he was surprised at the Centre’s stand in the Supreme Court, as the state had consulted with the central government on all aspects of the case. The CPM and BJP demanded Chandy’s resignation, citing Congress’s “Italian connection” for the volte-face.Italian case: SC bench surprised by govt stand
NewDelhi:In a press release, the shipping ministry stressed that it had filed no affidavit before the SC “nor any such instructions were given to the government counsel”. “There is no difference of opinion between the Centre and the state government,” the ministry further said. The Italian merchant ship has been in Indian custody since Feb 15 when two marines on it opened fire killing two Indian fishermen after they mistook the latter’s trawler to be a pirate vessel.
The two marines are in detention, with authorities as well as kin of victims rebuffing all overtures for an out-ofcourt settlement. The ship owners had moved the court challenging the detention of the ship by Kerala Police.Raval’ statement that Directorate General of Shipping had no objection for the release of the ship weakens the legal force behind Kerala Police’s decision.
Significantly, the day also saw the Italian government, through its embassy, moving a fresh petition in the apex court claiming that trial of the two Italian marines in the state was vitiated because of violation of international law as well as surcharged atmosphere.
The Italian government pointed to the alleged location of the ship in international waters: A claim now supported by the Directorate General of Shipping. The Italian government on Friday again argued that the two marines be tried under international law.
Indian government has asserted its right to try the two Italians under Indian law on the ground that they are accused of killing Indian nationals on an Indian vessel, arguing that the issue of whether the Italian vessel was in international waters at the time of shooting was not relevant to the case. The stance was reaffirmed by MEA after Rawal’s statement in SC. “The MEA’s position remains the same. We have jurisdiction,” a ministry spokesperson said, adding the shots were fired at a vessel registered in India.
Rawal’s statement, which he later termed as his personal view, appeared to have surprised the SC bench, with the two judges asking, “So, according to you, Kerala Police has no jurisdiction to try this case.” Raval said, “It is doubtful whether the police station concerned in Kerala had jurisdiction.”
The bench said, “We do not expect such a stand from the central government when citizens of this country have been killed. It is very unfortunate as the persons killed are within Indian territory.”
However, the bench seemed equally puzzled by Kerala government’s decision to detain the ship.
Govt’s somersault shocks Kerala T he Centre’s somersault in the Supreme Court in the Italian ship case on Friday has triggered off widespread rage and condemnation in Kerala.
Distancing himself from the Centre’s stand, chief minister Oommen Chandy said he was surprised as the state had been in consultation with the Centre on all aspects of the case. The CM said that Kerala still adhered to its stand that the state had the powers to proceed against the Italians in the case.
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