Enrica case posted to August 16

The Supreme Court has granted one week’s time to the Union of India to file its reply to the stay application in the Italian ship case and posted the case to August 16.

The apex court was hearing a petition filed by the Italian Government and the two marines challenging the May 29 order of the High Court which had held that Indian courts have jurisdiction to try the two marines who had allegedly shot dead two Indian fishermen in February this year.

Senior counsel Harish Salve, appearing for the Republic of Italy, told a bench comprising Justice Altamas Kabir and Justice J Chelameswar that he had sought an ad interim stay on the trial court proceedings under way in Kerala of the two marines saying that the trial cannot go on as the Indian courts don’t have jurisdiction, but the Centre sought adjournment earlier and is again seeking adjournment by four weeks.

Salve found fault with the observations made by the High Court. It virtually held the marines guilty with its observations. “And the judgment says trial should go on uninfluenced by its observations,” Salve stated.

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