Supreme Court permits Italian ship to leave

The court accepted the Italian government39s assurance that it would ensure the presence of the four other marines who were on board the ship at the time of the incident if and when they are summoned by an Indian court quotWe accept the assurance given by the Republic of Italy that the presence of four marines if required by any court or investigating officer or any lawful authority would be ensuredquot said the apex court bench of Justice RM Lodha and Justice HL Gokhale The court made it clear that no legal proceedings arising out of the shooting of the two Indian fishermen would come quotin the way or impedequot the voyage of MV Enrica Lexie which is presently at a port in Kerala The court also recorded the statement of the Italian government that the four marines would have the right to challenge the summons seeking their presence before the competent court The four other marines could also be required by the investigating officer probing the killing of the Indian fishermen and they will make themselves available as per the Italian government39s assurance The ship would embark on its onward journey from India only after its master the managing director of the shipping company and the managing director of the shipping agents handling the ship gave an undertaking before the registrar general of the Kerala High Court the court said The undertaking would state that the ship and its master and five crew members would appear before the court as and when summoned A bond of Rs3 crore will also be executed to protect the guarantee of the ship MV Enrica Lexie and securing the presence of the master of the ship and five crew members if needed quotWe want to make it clear that in the controversy before us we are not directly concerned with the correctness legality and validity of settlement between the Republic of Italy and the victimsclaimantsquot the judges aid The Italian government has given Rs1 crore each to the kin of two fishermen who were killed by two Italian marines The settlement described by Italy as a goodwill gesture became a centre of controversy as it had clauses which provided for capping all legal proceedings and thwarting the administration of justice in the case The apex court said the Kerala government was quotfree to take appropriate legal recourse in challenging the settlementquot The court recorded the statement of senior counsel Gopal Subramaniam that the Kerala government did not have any quotserious objectionsquot if MV Enrica Lexie was allowed to commence its voyage While permitting the ship to set sail the court noted the position of the Kerala government that MV Enrica Lexie was not a subject of the trial The court also noted that the Indian government did not accept the correctness of the assertion made by the Italian government in its statement before the apex court that the incident occurred in international matters The order recorded the statement of Attorey General GE Vahanvati that the quotunion of India did not have a position independent of the state of Keralaquot It also noted that the Kerala government had vehemently opposed the Italian government39s statement saying it was not acceptable The central and Kerala governments said that the Italian government39s statement would not prejudice the legal proceedings arising out of the Feb 15 incident Two Italian marines Chief Master Sergeant Massimilano Latorre and Sergeant Salvatore Girone are in judicial custody since Feb 20 and are lodged at the Thiruvananthapuram Central Jail for the killings u00a0