[Reader-list] Fwd: In Kerala, Italy’s decision hailed, India’s promise flayed

[T Peter]

In Kerala, Italy’s decision hailed, India’s promise flayed

http://www.thehindu.com/todays-paper/tp-national/in-kerala-italys-decision-hailed-indias-promiseflayed/article4540334.ece

Only judiciary can give a ‘no death penalty’ verdict, say detractors

Italy’s decision to send back the marines has been welcomed by various
sections of people in Kerala, off whose coast they killed two
fishermen on February 15 last year. Dora, wife of Valentine, one of
the fishermen killed, was very happy with the development. The
marines, Massimilano Lattore and Salvatore Girone, must stand trial in
India, she said, adding that she expected them to be convicted. “I
leave everything to God,” the young woman, a fervent Catholic who had
her schooling but nothing more by way of formal education, told The
Hindu on Friday.

However, while welcoming the move, the former Minister and legislator
from Kollam, P.K. Gurudasan, said the decision appeared part of a deal
struck between the Indian and Italian governments rather than a step
meant to comply with the Supreme Court’s directions. It was on the
basis of some assurances by the Union government that the marines were
sent back. “This is tantamount to infringement on the Supreme Court’s
powers.”

Mr. Gurudasan insisted that the Kerala government file a review
petition against the Supreme Court’s ruling that Kerala had no
jurisdiction in the case. He said the special court to try the case
should be set up in Kerala. T. Peter, secretary of the National
Fishworkers’ Forum, said the Indian government’s assurance that the
marines would not be given capital punishment was a folly. A court of
law had to decide on the question. If the government was against the
imposition of the death sentence, such a stand should be applied
consistently and not be restricted to the case of the two marines.

Kerala State Fishworkers’ Federation general secretary V.V. Saseendran
said that though he welcomed Rome’s decision, he could not endorse the
assurance that appeared to have been given by the Union government.

According to External Affairs Minister Salman Khurshid, the assurance
was given to Italy because it was not the “rarest of rare” case for
which the death sentence could be awarded. The court, and not a Union
Minister or any other representative of the executive arm of the
government, must decide whether or not it was such a case, Mr.
Saseendran said.

Mr. Khurshid’s statement constituted a challenge to the Indian
judiciary, he said. It amounted to the government interfering in the
judicial process. This created doubts in the minds of the fishing
community whether justice would be done in this case.

H. Basilal, president of the Vaddy-Tangasseri Fishermen Society in
Kollam, said Rome reversed its March 11 decision not to send the
marines back to India because of the Supreme Court’s strong stand and
the nationwide protests. Else, Italy would have been blacklisted
globally.

G. Mohanraj, who was the official special public prosecutor in the
case when it was pending before the Kollam District and Sessions
Court, said the decision brought him relief. The marines should trust
the impartiality and credibility of the Indian judicial system. “It is
also clear that they will be entitled to all fundamental rights under
Indian law during trial.”

At the bustling fishing harbour of Neendakara near here, from where
the boat on which the two fishermen had put out to sea, the average
fisherman seemed oblivious of, or unconcerned with, the return of the
marines. Many were at work under the hot afternoon sun, mending their
nets, and getting set for another day’s toil out in the sea.