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This is an archive article published on April 24, 2012

SC notice to Centre,Kerala govt on Italy petition

The Supreme Court issued notices to the Centre and the Kerala government on a petition filed by the Republic of Italy to quash criminal charges against two marines accused of killing two Indian fishermen while on board Italian vessel Enrica Lexie

The Supreme Court on Monday issued notices to the Centre and the Kerala government on a petition filed by the Republic of Italy to quash criminal charges against two marines accused of killing two Indian fishermen while on board Italian vessel Enrica Lexie.

A Bench of Justices Altamas Kabir,S S Nijjar and Ranjan Gogoi asked whether a foreign state could invoke Article 32 of Indian Constitution a relief used to enforce fundamental rights of an Indian citizen against the Indian government. The Indian government also questioned the very maintainability of such a petition.

Senior advocate Harish Salve,appearing for the Italian government,said his client was also deemed a person within the meaning of Article 32 for invoking the jurisdiction of the SC. The Bench posted the matter for further hearing on May 8.

In its plea,Italy asserted that the Kerala government had no locus standi to register any criminal case as the alleged offence ought to be treated under international law and covenants India being a signatory to the UN charter. Salve told the Bench that the matter needed to be dealt with between the two countries and the Kerala government had no jurisdiction in interfering with the matter as the incident had occurred in contigual waters 12 nautical miles beyond the Indian jurisdiction.

He said the action of the Italian personnel was part of their official duty.

 

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