The Supreme Court today disapproved of KeralaHigh Court Registrar General's modifying its direction to execute a Rs 3 crorebond as surety for securing the presence of 6 crew members of Italian vessel'Enrica Lexie' whose marines allegedly killed 2 Indian fishermen.
A bench of justices R M Lodha and H L Gokhale, even whileexpressing displeasure, however, refrained from interfering with the RG's orderas the vessel owner had already complied with the direction of furnishing Rs 3crore fixed deposit instead of a bond of Rs 3 crore as directed by the apexcourt.
In February this year, the fishermen Valentine Jalstine andAjesh Binki were killed allegedly by the Italian marines in firing at theirfishing boat off off Kollam coast, triggering a diplomatic row.
Senior counsel K K Venugopal appearing for the vesselowners, contended the RG had exceeded his jurisdiction by modifying the apexcourt's direction of May 2.
He pointed out that by the said direction, the apex courthad asked the owner of the ship to furnish a bond of Rs 3 crore for securingthe presence of the 6 crew members as and when their presence was required byIndian courts.
But the RG, he said, interpreted the order in his own wayand asked them to furnish a demand draft or fixed deposit to the tune of Rs 3crore, which they were compelled to do.
However, Additional Solicitor General Indira Jaising, onbehalf of the Centre, told the bench that as the apex court's order stated thatthe bond be executed to the satisfaction of the RG, the officer in a "bonafide" manner interpreted the order so as to mean that he can secure thecrew's presence by insisting on an FD or demand draft.
"We are ourselves are not satisfied with the RegistrarGeneral's order. It was wrong. Registrar General is a senior judicial officer.He should have understood the judicial order. We disapprove of it,"Justice Lodha, heading the bench, said.
The apex court, however, refrained from staying the RG'sorder, saying "since you have already complied with the order of theRegistrar General, we do not want to disturb it."
On May 2, in a conditional relief, the apex court hadallowed the vessel to leave Indian shores along with crew members and remainingmarines, subject to the condition that they make themselves available wheneverrequired by authorities here during the investigation and prosecution of thetwo arrested marines who are in judicial custody.
It had directed the ship owner to execute a bond of Rs threecrore before the Registrar General of the Kerala High Court as a surety for thepresence of crew members and the vessel whenever required.
The apex court had, however, made it clear that its orderwould not affect the right of Kerala government to conduct the investigationand the prosecution of the two arrested marines.
Marines Latore Massimiliano and Salvatore Gironi werearrested and charged with murder and lodged in the central prison inThiruvananthapuram under judicial remand.