Deal with fishermen's families "illegal" according to India's Supreme Court
New Delhi (AsiaNews/Agencies) - The deal with the families of killed fishermen and the owner of the fishing vessel involved in the 15 February incident ran aground on Monday. India's Supreme Court ruled that the agreement was "illegal" and "a direct challenge to the Indian legal process".
The court issued its ruling during the hearing on a petition by the owner of the Enrica Lexie seeking the ship's release following a decision by the Kerala High Court to hear an appeal by the wife of one of the two fishermen killed who wants the ship impounded.
An apex court bench of Justices R M Lodha and H L Gokhale said that the agreement, ratified by the Kerala High Court last week and illustrated by lawyers representing the State of Kerala, was "a direct challenge to the Indian legal process" and "cannot be permitted."
The apex bench criticised the Kerala High Court for registering the agreement between the Italian government and the families of the two fishermen and the owner of the St Antony fishing boat.
"If two parties agree to a term which is against the law," the justices said, "what was the legal aid authority doing? How can a court put its stamp of approval and become a party to such an illegal agreement?"
Lawyers acting on behalf of the Kerala government said they would appeal the deal.
For Italian authorities, the agreement was "an out-of-court act of generosity". It was signed by the relatives of fishermen Jelastein and Ajesh Binki and fishing boat owner Freddy, who dropped their e case in exchange of 10 million rupees (US$ 190,000).
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