The Kerala High Court Wednesday asked the owners of the Italian vessel, anchored near the Kochi coast after a shooting row, to furnish a bank guarantee of Rs.2.5 million (over $50,000) and said it could leave the Indian waters if investigating agencies agreed to it.
Two Indian fishermen, Ajesh Binki, 25, and Gelastine, 45, were allegedly mistaken as pirates and shot dead by the security crew of cargo vessel Enrica Lexie Feb 15, about 14 nautical miles off Alappuzha. Two Italian Marines have been arrested for the shooting.
Justice Harun-ul-Rashid was hearing a petition filed by the family of Gelastine for compensation amount.
The victim's widow, Dora, and children filed the petition Tuesday, seeking a compensation of Rs.1 crore. The plea said the ship should not be allowed to leave the Indian waters till the relief was paid.
Reacting to the court decision, Dora said that they would file a plea seeking an enhancement of the low bank guarantee amount fixed by the court.
Counsel for the Italian vessel owner argued that the compensation of Rs.1 crore sought by the victim's family was unheard of and too high.
Another petition was filed in the court on the behalf of two arrested Italian Marines Latorre Massimillano and Salvatore Girone, seeking the quashing of the murder charges filed against them in the trial court.
They said as per the international maritime laws, the incident occurred in international waters and the case could not be heard by an Indian court. The petition will come up for hearing Thursday.
In Kerala's capital Thiruvananthapuram, a group of Italian officials met Director General of Police Jacob Punnoose. They discussed facilities for the two accused during their remand period.
The two accused men were picked up from the vessel Sunday and arrested. A court near Kollam Monday sent them to 14 days in custody, with the police given the first three days to interrogate them.
Italy regrets fishermen killing, but row persists
India and Italy Wednesday failed to resolve their row over the killing of two Indian fishermen, with Rome reiterating the deaths took place in international waters and New Delhi insisting that the two arrested Italian Marines will face Indian law.
After holding talks with Minister of State for External Affairs Preneet Kaur, Italian Deputy Foreign Minister Staffan de Mistura voiced "terrible sadness" over the Feb 15 killing of the fishermen off Kerala.
"We do acknowledge and recognize that two Indian fishermen died. No one doubts it, and it is terribly sad," de Mistura told reporters here, ahead of his visit to Kerala where the Marines are in custody.
The Italian Marines on board an Italian ship who fired at the fishermen thinking they were pirates now face murder charge.
De Mistura said the incident took place in international waters "and investigation will ascertain the exact position" of the Italian ship.
"We are taking it seriously. We are definitely expressing terrible sadness and regret over the loss of lives.
"Two Indian fishermen did die and they belonged to poor families of Kerala," he added.
Kaur indicated the talks had failed to resolve the India-Italy dispute.
"We will certainly go by our law," she said. "As far as the law point is (concerned), they have their interpretation and we have our interpretation."
Italian Foreign Minister Giulio Terzi is also set to visit India for further talks.
Italy says the incident took place in international waters and the Marines cannot be tried in Indian courts. New Delhi contests both the claims.
Kaur said the Italian Marines "are on Indian soil" and "we have taken note of what (de Mistura) said".
The Italian ship, Enrica Lexie, is now berthed in Kochi. Marines Salvatore Girone and Latorre Massimillano were arrested Sunday on Kerala soil.
Italy says the presence of armed naval personnel on board a merchant ship flying the Italian flag is ruled by a specific Italian law in keeping with UN resolutions regarding the war on piracy.
A Kerala court has issued a warrant to search the Italian ship to seize the gun that killed the Indians.
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Comments
Only because Sonia Gandhi is from Italy, does not mean Italy goes Scott free. Cancel all contracts with Italy, let it go the way of Greece and Portugal economically. Also make these culprits pay for their crimes financially and with life terms.
If a murderer cries and shows remorse he'll still get punished for his crime...though it might be less than for one who shows no remorse, repentence or sensitivity (to those against whom he committed a cruel or deadly act).
There are three kinds of crimes: One that is knowingly committed. Second, that which is unknowingly committed by people who are uneducated, outside the country and were not thinking straight (for varoius reasons). Third, it is not exactly a crime (or the laws are debatable and tends to vary). Some people get punished harshly and some people not at all...because "there is racism" and "are ethnocentricism ".
It would be odd for Italians to be racist as many were desperate coolies when they came to countries like the US..
Finally, even if Indians are pandering to the emotions of Indian fishermen, what is wrong in that ? Does he mean to say Italians are cold blooded and do not have any emotions.
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