Supreme Court to hear Italian arguments against Kerala's detention of its marines
Kochi (AsiaNews/Agencies) - India's Supreme Court will hear Italy's petition concerning the detention in Kerala of two of its marines held in connection with the killing two Indian fishermen on 15 February. The next hearing will be on 8 May.
In its petition, Italy argues that the detention by Kerala police of the two Italian marines was illegal because it violates the principle of international immunity and Articles 14 (The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India) and 21 (No person shall be deprived of his life or personal liberty except according to procedure established by law) of the Indian constitution.
A three-judge bench that included justices Altamas Kabir, S S Nijjar and Ranjan Gogoi told the Union and Kerala state governments that they have two weeks to present their case on 8 May.
In its petition filed under Article 32 of the Indian constitution, the Italian Government claims that the Kerala Government has no locus standi to register any criminal case and that the alleged offence should be treated under international law and covenants as India is a signatory to the UN charter.
By acting in the case and taking the two marines into custody, Kerala went beyond its jurisdiction, which falls to Italy since the incident occurred in "contiguous waters," 12 nautical miles beyond Indian jurisdiction.
Because the alleged offence occurred in international waters and there is no single rule to settle disputes, the countries involved must find a compromise.
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22/03/2013
