HC points to ‘serious defects’ in plea by Italian authorities

Pointing out that there were “serious defects” in the Italian Government’s plea seeking quashing of the FIR charging two of its marines with murder of two fishermen, the Kerala High Court today sternly told them that it will look into the petition only after these are “cured”.

The Italian Government should not hold the impression that the Indian judiciary was so loose that anyone could file a petition before the courts, Justice Mr P. S. Gopinathan said in the open court.

He directed the Consul General to produce the necessary documentary evidence to show that the Consulate has the authorisation to represent the Italian government in legal proceedings relating to the killing of two Indian fishermen by marines on board the cargo ship Enrica Lexie in mid-February.

Justice Mr P. S. Gopinathan orally observed that there are ‘serious defects’ in the petition filed by the Consul General and the two accused marines seeking to quash the FIR in the case.

The judge even expressed doubt whether the signature of one of the accused, affixed in the affidavit produced before the court, was bogus.

Even though senior counsel for the petitioners repeatedly requested the court to look into the documents, the court refused and directed the petitioners to “cure” the defects.

Only after “curing” the defects, the documents would be looked into, the judge held.

The case has been posted for tomorrow.

The Marines, Latore Massimiliano and Salvatore Gironi, have been arrested and charged with murder for allegedly gunning down the two fishermen on February 15 off the Kollam coast after suspecting them to be pirates.

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