The Centre has proceeded the Supreme Court attempting termination of judicial proceedings against two Italian marines’ charged for killing two Indian fishermen, off the Kerala coast, stating that it has considered the recent ruling of the Permanent Court of Arbitration (PCA) at the Hague which held that India is entrusted to get reimbursement. India had held two Italian marines, Salvatore Girone and Massimiliano Latorre, on board the MV Enrica Lexie — of murdering two Indian fishermen who were on a fishing vessel off Kerala coast in India’s Exclusive Economic Zone (EEZ).
The exemptions relished by the Marines employ as a deviation to the jurisdiction of the Indian courts therefore prevent India from performing its jurisdiction over the Marines. It cancelled Italy’s profess to reimburse for the restraint of the Marines. India being a member to the UNCLOS, in compliance with the regulations of the UNCLOS and the Rules of Procedure agreed by the Parties, the Award is ultimate and shall be in accordance with by the parties to the dispute (Article 11, Annex VII, UNCLOS) . The remonstrance against the marines was filed by Freddy, the owner of fishing boat ‘St Antony’ in which the two Kerala fishermen were killed when the marines unfasten fire on them allegedly under the misapprehension that they were pirates. The top court was previously well aware by the Centre that the international arbitral proceedings would be concluded by December 2018 before the International Tribunal for Law of the Sea in Germany. The apex court had earlier stayed all criminal proceedings, including the trial of the two marines. The apex court stated that the proceedings would remain obstructed till the jurisdictional issue about which nation has the right to conduct trial was expressed through international arbitration.
(BY- VASUNDHARA DHAR)