Govt accused of foul play in Italian marines case
State Congress president Mullapally Ramachandran yesterday accused the Prime Minister Narendra Modi led government of foul play over the way the independent court of the United Nations came out with its judgment in the case of two Indian fishermen who were allegedly shot dead by two Italian marines who were on board the Italian tanker ‘Enrica Lexie’ off the coast of Kerala.
The Congress party said the case was reviewed only under the rules of navigation, while the criminal case was not looked into and this was a huge lapse on the part of the Modi government.
The incident took place on February 15, 2012.
The Indian Navy intercepted the Italian tanker and detained the two marines, triggering an international conflict over legal jurisdiction and functional immunity.
The two marines were released and returned to Italy after two and four years, respectively.
The Arbitral Tribunal of the United Nations was tasked to resolve the conflict over jurisdiction.
Ramachandran in a statement wondered why this particular judgement surfaced only after a month since it was announced.
“This delay is purposefully done to escape the ire of the people and is also against the directive of the Supreme Court. The then UPA government and also then Kerala chief minister Oommen Chandy did their best to ensure justice for the victims. But ever since Modi took over the reins, things went in the wrong direction as he and the Italian government had a secret understanding,” said Ramachandran.
Chandy too stated that justice has been denied to the two fishermen.
“The strong position taken by my government and the Centre led by Manmohan Singh enabled the positive judgement from the apex court of our country and the Italian marines did not get any respite in the criminal case. But it was after Modi took over things started to go in favour of the Italians.
“None will forget the canards then spread against UPA chairperson Sonia Gandhi on this issue. We demand that India go in for an appeal against this verdict,” said Chandy and asked the Pinarayi Vijayan government to put maximum pressure on the Modi government to go in for an appeal.
Meanwhile, the Centre has informed the Supreme Court that it has accepted the international tribunal ruling and asked it to close the matter pending before it for eight years.
The Centre, in the application filed in the top court, said: “The applicant (Union of India) states and submits that the Republic of India has taken a decision to accept and abide by the award passed by the tribunal which would have the bearing on the continuance of present proceedings before this court.”
In March 2017, the apex court had passed an order where it directed the parties to place on record the award passed by the Arbitral Tribunal constituted under the United Nations Convention on the Law of the Sea (Unclos). The Centre submitted that on August 24, 2015, the International Tribunal on Law of the Sea (ITLOS), on the request of Italy, rendered an order prescribing provisional measures, which stated that Italy and India shall both suspend all court proceedings.
On August 26, 2015, the apex court, in view of the pendency of the issue before ITLOS, stayed the proceedings pending before it and before any other court.