KOCHI: The Kerala High Court on Tuesday reserved its order on a petition filed by the Italian marines seeking to quash the FIR registered against them for the killing of two Indian fishermen.
The court expressed its dissatisfaction over the manner in which the Central Government has handled the case so far. Director General of Prosecution T Asaf Ali submitted that the case was under state jurisdiction and the investigation is progressing on the right track.
During the course of investigation, the offence under the Suppression of Unlawful Act of Violence against the Safety of Maritime Navigation and Fixed Platforms on Continued Shelf Act 2001 (SUA) would be incorporated following procedures, he said.
Advocate-General K P Dandapani submitted that the Italian marines were not entitled to sovereign immunity as they were not discharging any military duties. The marines were deputed on board the ship for assisting a private shipping company and it cannot not be assumed that they were discharging sovereign functions of their state. The marines were also earning wages from the company for their services, AG pointed out. The government had absolute jurisdiction to register the case under various laws, including the SUA Act, the AG submitted.
However, counsel for Italy advocate Suhail Dutt pointed out that the action under the SUA can be taken against terrorists or pirates only. He also informed that a letter was sent to the Ministry of External Affairs on February 29 by the Embassy of Italy seeking to release the Italian marines.
Counsel for one of the victim’s kin submitted that Section 3 of the Admiralty Offence empowers the legal authorities in India to initiate action against the marines. “In February 2003, fifteen Indonesian pirates found on board the vessel Alondra Rainbow were successfully prosecuted and convicted in Mumbai. So the action initiated by the police are fully justified,” he said.