Bang Galore
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Why was the chargesheet quashed? They shot two Indians in Indian waters and there were plenty of proofs to support the facts!!
Quashing of charge sheet seems to be part of the whole act!!
No jurisdiction in Kerala. The incident didn't happen in Indian territorial waters but in the contiguous zone. There is simply no court in India that has the right to try them. The SC did ask for a federal special court to be set up but that hasn't been done until date. All there is is a FIR filed by the Kerala police who lacked jurisdiction to file that FIR in the first place. It is not as simple, these men were not rogue elements but members of their country's armed forces bound by their protocol & SOP. It would have been very difficult to treat them as ordinary criminals when all that was happening was detaining them without charge for almost a year.
Btw, even if a special court had been set up, the very first question it would have faced would be of jurisdiction. The Italians raised this point in the SC & were told to raise it in the special court which if accepted, would end the matter there.
Sounds right. Why would the courts allow Italians to go back knowing full well that Italian laws permit their nationals vote via post from a foreign country. Indian govt too failed to appraise the court with the above fact & block Italians exit.
Not quite correct. Italian law allows some Italians, under some circumstances to vote via postal ballot. The Italian marines were not posted in India & therefore simply didn't enjoy the same right (as certified by Italian legal experts to Harish Salve). This is part of the submission of the Italians in the SC. It is not as if this point was not brought out.
As for the comments on the judges, it is unwarranted. It would have been so easy for the SC to simply dismiss this case purely on jurisdiction grounds. The fact that they didn't do that disproves your contention.