Italian ship not to leave Indian waters: Kerala High Court

Kochi: A day after a single judge bench of the Kerala High Court allowed Italian ship MV Enrica Lexie to leave Indian waters, a division bench of the court has stayed the order. The ship has been under the custody of Indian authorities for the last month-and-a-half after two Italian navy guards on board the vessel shot dead two Indian fishermen off the Kerala coast.

The division bench, comprising Acting Chief Justice Manjulla Chellur and Justice V Chidambaresh stayed the single judge bench order on an appeal filed by the wife of one of the victims. Dora, wife of deceased fisherman Jelastine, told the court that the ship should not be allowed to leave until investigations into the murder case against the two Italian marines are over. Dora's counsel also argued that the ship owners could go back on their assurance to provide compensation once the vessel is released.

The single bench of Justice TS Gopinathan had on Thursday ordered release of the ship on the condition that its owners should furnish a bank guarantee of Rs 3 crore - equivalent to the compensation sought by the victims' families. The judge also told the ship owners to file an affidavit stating that the captain and crew of the ship will be present as and when required by investigators.

While hearing the petition, the division bench asked the Advocate General whether the state government had any objections in the ship leaving Indian waters. When the Advocate General replied that the government had certain objections, the division bench asked why the government did not go in for appeal in the first place. The Advocate General replied that the state government was still contemplating whether to go in for appeal as the single bench order was delivered just a day ago.

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The division bench has posted the case to Monday for further hearing.

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