New Delhi, May 1 (DHNS): The Italy government and owner of that country’s ship — Enrica Lexie — on Monday took contradictory stand with regard to the jurisdiction of Indian laws in the killings of two fishermen, off Kerala coast.

This prompted the Supreme Court to keep the plea for the vessel’s release  pending before it.

A bench of justices R M Lodha and H L Gokhale told the ship owner as well as Italy government to come before the court on Tuesday after holding discussion among themselves.

“You (ship owner) must settle the matter first with Italy government. Your government is the best person to look after your interest,” the bench told senior advocate K K Venugopal, appearing for the ship owner.

The court, which indicated that it was ready to order release of ship, balked at issuing any direction after it was pointed out before it that Italy government had filed a writ petition in the apex court challenging the jurisdiction of Indian laws.

Venugopal said they were ready to submit to the jurisdiction of Indian government. “We have already suffered loss of Rs 200 crore. The ship remained seized since February 15, the date of incident…We are even ready to disembark the crew including the marines,” he said.

The counsel, appearing for Italy government pointed to  the pending petition before a separate SC bench which challenged the proceedings initiated by the Kerala government. 

The court which had given 5 minutes time to the counsel for clarification while dictating the order, adjourned the matter to Tuesday, after he stuck to the stand of Italy government. The court was hearing the petition filed by ship owner seeking direction to release the vessel.
Counsel for the Italian government told the court that Rome would make its marines submit to Indian jurisdiction only if the apex court decided against its plea.

The court wanted an assurance that the Italian government would make its marines available to appear before the court to tender evidence as and when required.

The central government filed an affidavit before the court distancing itself from the stand taken by Additional Solicitor General (ASG) Harin Raval that the director general of shipping had said that the ship could be released.

Attorney General G.E. Vahanvati told the court that "what is there on record is contrary to what the ASG had said the last time".

"It was not an issue before the court and the ASG's views were unnecessary," he said.

The judges told Vahanvati: "There is nothing to show that what ASG said was incorrect."

When the court drew the attention of the attorney general to the stand of the shipping ministry, the attorney general said it was the position of the director general of shipping.

Raval earlier told the court that the concerned police station in Kerala had no jurisdiction in the case as the Italian vessel was found at 20.5 nautical miles from the coast and the Indian territory extended to only 12 nautical miles.

The matter would next be heard Tuesday.