No sovereign immunity for Italian Marines, centre tells SC
August 31st, 2012 - 12:16 am ICT by IANSNew Delhi, Aug 30 (IANS) The government Thursday told the Supreme Court that two Italian Marines facing trial for killing two fishermen off Kerala coast enjoyed no sovereign immunity and were liable to face prosecution under the Indian laws.
Additional Solicitor General Gourab Banerji told the apex court bench of Justice Altamas Kabir and Justice J. Chelameswar that armed forces personnel of foreign countries did not enjoy any sovereign immunity and such privileges were provided only to their diplomats.
Banerji contested the maintainability of the Italian government’s writ petition by invoking Article 32 of the Indian Constitution, saying that there could not be any violation of the rights of the sovereign Italian state.
Article 32 of the constitution provides for the remedies for the enforcement of the fundamental rights conferred by the constitution.
The ASG said this during the hearing of the petition of the Italian government and its two Marines seeking the quashing of charges against them and the suspension of their trial in the killing of two fishermen Feb 15.
Chief Master Sergeant Massimilano Latorre and Sergeant Salvatore had shot dead the fishermen, allegedly suspecting them to be pirates.
The Marines have challenged the Kerala High Court order dismissing their petition claiming sovereign immunity.
The high court while rejecting the plea of sovereign immunity by Italian Marines had imposed a fine of Rs.1 lakh on each of them.
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- Italian marines' plea: SC notice to centre, Kerala - Jul 19, 2012
- Apex court notice on Italy's plea for custody of two marines - Apr 23, 2012
- Italy moves apex court for custody of its Marines - Apr 20, 2012
- Centre opposes plea for stay on Italian Marines' trial - Aug 08, 2012
- Italy moves apex court for marines' custody, government flip-flops (Lead) - Apr 20, 2012
- Italian ship's release difficult unless commitment on marines: Court - May 01, 2012
- Suprme Court permits Italian ship to leave (Lead) - May 02, 2012
- Supreme Court permits Italian ship to leave (Second Lead) - May 02, 2012
- Kerala court dismisses pleas of Italian Marines - May 29, 2012
- Kerala court dismisses pleas of Italian Marines (Lead) - May 29, 2012
- Court stays trial of Italian marines till July 30 - Jul 24, 2012
- Italian ship may finally leave Kochi - May 04, 2012
- Fishermen killing: Italy summons Indian envoy in Rome - Mar 07, 2012
- Lok Adalat asked to settle compensation for killed fishermen - Apr 20, 2012
Tags: apex court, article 32, asg, banerji, chief master sergeant, court bench, fundamental rights, indian constitution, italian government, italian state, kabir, kerala coast, kerala high court, lakh, latorre, maintainability, solicitor general, sovereign immunity, two fishermen, writ petition