The Supreme Court on Wednesday ordered the release of Italian cargo vessel MT Enrica Lexie. Although, the commitment given by the Italian government was “conditional” with senior counsel Harish Salve, appearing for it, submitting that the four marines will have the right to challenge any summon and notice issued by the court or the police respectively in the higher courts.
Besides, the Italian government “reserved its sovereign” right to challenge the jurisdiction of the Indian courts to try the two arrested marine guards as Italy has already filed a petition in the Supreme Court for their trial under the international law, on which another bench had earlier issued notice to the Centre and Kerala governments.
The top court also extracted the commitment about production of the six crew members before the police and the court from the shipping company, whose agent in India was asked to furnish a bond of `3 crores.
The top court said the master of the ship, managing director of the shipping company and its agent in India will give an “undertaking” to the Kerala high court about the production of the six crew members, including the master himself, before the police and the court whenever required.
If the trial court and the police issue summon and notice respectively to the crew members, they will be produced within five weeks of the receipt of the same and if examination of the vessel is required, it will be made available within seven weeks, the Supreme Court said.
“We accept the assurance by Italy government that they shall ensure the presence of the four marines… the assurance will not affect their right to challenge summons or notices in any court in India,” the bench said.