Compensation, a gesture of goodwill, Italy tells India's Supreme Court

New Delhi, May 1 (PTI) Facing flak for reaching a compromise with the kin of two fishermen killed by its marines, Italy today told the Supreme Court of India that the payment of compensation amount of Rupees 10 million each was made purely as a "gesture of goodwill" to quickly help the families. The Italian Government meanwhile was granted a day's time by the Supreme Court to spell out its stand for ensuring the presence of four seamen of its merchant navy ship 'Enrica Lexie' in the country during the trial of the two marines involved in the killing of the fishermen off the coast of the southern Indian state of Kerala. Senior advocate Harish Salve, appearing for the Italian Government, sought time saying he needs instruction as several issues arose from the incident including whether Kerala Government and Union of India have jurisdiction over the row. He said the action had allegedly taken place outside the territorial waters of India and the dispute is between Republic of Italy and India and in such situation the question of giving undertaking under municipal law has been raised. However, hours after the apex court put the matter for hearing tomorrow, the Italian Government, which has come under severe criticism for its attempt to reach a compromise settlement with the kin of the fishermen, rushed to the court and claimed that the payment made as compensation to victims' families should not be seen as any interference with pending criminal matters. The apparent damage control exercise was undertaken by the Italian Government in the wake of some tough talk by the apex Indian court yesterday terming as "illegal" and "astonishing" the compromise reached for payment of an amount of Rs 10 million each to the families of the two killed fishermen. The court had said the compromise defeated the Indian legal system and that Italy was "playing" with the process of law here. "This compensation payment was made purely as a gesture of goodwill to immediately help the families to rebuild themselves. It should not be read out to be a settlement of claim," Salve told a bench comprising justices R M Lodha and H L Gokhale. Appearing for the state of Kerala, former Solicitor General Gopal Subramanium had yesterday sought imposition of stringent conditions for release of the ship and compel the presence of the crew and marine officers during the proceeding against their two colleagues. The court reiterated its concerns that the criminal proceedings here should not be defeated. The apex court yesterday had termed Italy's compromise with the kin of two Indian fishermen shot dead by its marines, as "illegal" and "astonishing" and had said that they were "playing" with the Indian process of law and felt Kerala should have filed an objection. The bench said the mouths of the families of the two victims - Jalastine and Binki - have been "locked" by the Italian government by paying each an amount of Rupees 10 million, defeating the Indian legal system. The apex court had also sought the Italian government's stand on the question of releasing the impounded ship with certain conditions after the owner of the vessel claimed that their detention had cost the company Rs 2.0 billion. Subramanium had, however, told the court that Kerala was not a party to the compromise and had reserved the right to challenge it before higher forum. Kerala yesterday had sought imposition of stringent conditions for release of the ship and wanted the court to ensure the presence of the crew and marine officers during trial of their two colleagues for allegedly killing the fishermen in February this year. PTI