NEW DELHI:Contesting Italy’s appeal in the International Tribunal for the Law of the Sea (ITLOS) to stop criminal proceedings against the two Italian marines, India argued that a murder case cannot be settled by law of the sea, of which ITLOS is the guardian. India also charged Italy with employing delay tactics saying it first approached the Indian court and is now moving to the international tribunal to derail the proceedings.
Alain Pellet, French legal expert and arbitrator appearing on behalf of India, said no international tribunal can look into such a case in which the court of the domestic country is already seized of the matter.
Bundy, appearing on behalf of India, said there is no urgency whatsoever for provisional measure Italy is seeking from the tribunal.
“To the contrary, it is India’s urgency to see that justice is done to the two fishermen’s families. Entire dispute arose because of killing of fishermen which is consistently ignored by our opponent (Italy),” Bundy argued before the tribunal.
Bundy also contested Italy’s argument that the case was delayed in India saying that any delay in the judicial process is entirely due to Italy’s and marines tactic of filing new applications before the court.
He said delay is also because Italy did a complete volte face when in “Note-Verbale” it assured India of full cooperation in investigation but later it did just the opposite by filing an application in the Supreme Court saying that the National Investigation Agency (NIA) should not be allowed to investigate the matter.
Bundy said Italy’s request to stop criminal proceedings against two Italian marines is totally ingenious.