DORAMMA Vs. M T ENRICA LEXIE

JUDGEMENT

(1.) Heard the learned counsel for the appellants in W.A. Nos. 678 and 679 so also the counsel appearing for the first respondent, learned Assistant Solicitor General and learned Advocate General as well. The writ petitioner claiming to be a foreign merchant oil tanker vessel named as "MT Enrica Lexie" which was presently anchored within the Cochin Port Trust limits was on its way from Singapore to Port Said in Egypt. On the unfortunate day of the incident, 15.02.2012 when the vessel was at a distance of 20.5 Nautical Miles off the coast of India beyond the territorial waters of India, the petitioner vessel alleges it came under provocation from a boat which prompted or led the Italian Naval Personnel/NMP Squad to fire into the water which ultimately killed two fishermen namely Mr. Valantine and Mr. Xavier on board in a fishing boat named as 'St. Antony'.

(2.) Subsequently, Crime No. 2 of 2012 came to be registered by the concerned Circle Inspector of Police for an offence punishable under Section 302 IPC. Investigation is under progress which includes search of vessel, seizure of weapons from the vessel as apparent from the records. Apparently two persons of Marine Guards are in judicial custody which is also not in dispute. Meanwhile, Admiralty Suits came to be filed. In connection with the said suits as per the directions given pertaining to those matters, a cash security of Rs. 3.10 Crores was given in order to safeguard the interest of the dependants of the victims in the attack on 15.02.2012 and the said deposit includes security towards claim of boat owner alleging damages being caused to the boat during the firing. When things stood as stated above, writ petition came to be filed before the learned Single Judge under Article 226 seeking the following reliefs:

(3.) The respondents in the writ petition were the concerned Investigating Officer of Coastal Police Station, Neendakara, Kollam; State of Kerala; Deputy Conservator, Cochin Port Trust; Mercantile Marine Department, and Union of India.