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Italians plan to move HC over killing of 2 fishermen

February 21, 2012 18:23 IST

Italian authorities are contemplating moving the Kerala high court seeking to quash the FIR against their two naval guards, charged with killing two Indian fishermen, even as the wife of one of the victims on Tuesday filed a petition seeking Rs 1 crore compensation.

The petition was likely to be filed in the high court on Wednesday, a counsel representing the two accused told PTI.

It had not yet been decided on whose behalf – government or any other party -- the petition would be filed, the counsel said.

Their contention would be that Kerala police have no authority to conduct investigation in the case and courts in India have no jurisdiction as the incident occurred beyond the Indian territorial waters.

Dora Valentine, wife of Valentine alias Jelstine (45), one of the two fishermen killed in firing from the Italian merchant ship on February 15 off Kollam coast in Kerala, and her two children V Derick and V Jeen moved a petition in the high court on Tuesday seeking Rs 1 crore compensation.

She said the vessel Enrica Lexie should not allowed to leave without paying security.

Dora submitted to the court that she did not have Rs 8,18,400 to pay as court fees.

Justice Harun U L Rasheed, before whom the petition came up, posted it for Wednesday.

In another petition, the captain and owner of Enrica Lexie filed a caveat petition before the high court seeking to hear them before passing any order with regard to compensation to the families of the two fishermen killed.

The captain said they had filed the petition apprehending that legal heirs of the deceased fishermen would file an admiralty suite against the vessel and obtain its arrest.

Dora Jelastine and Susmei have been cited as respondents.

A PIL seeking a direction to the central and state governments to take action in accordance with rules and file a report before the high court was also filed on Tuesday.

Meanwhile, Kerala Police continued interrogation of the two Italian marines -- Latore Massimiliano and Salvatore Girone -- who were on Monday remanded in police custody for three days.

The Italians have maintained that Jelastine and Ajeesh Binki, who had set out to sea along with nine other fishermen on February 15, were shot at on suspicion of being pirates.

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