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Court allows Italian ship to leave India

May 3, 2012

02_italy_ship_1070947eNew Delhi, May 3: In a conditional relief to Italy, whose merchant ship was seized following the shooting to death of two Kerala fishermen by two marines on board, the Supreme Court on Wednesday allowed the vessel to leave India, along with the crew and the remaining marines.

But a Bench of Justices R.M. Lodha and H.L. Gokhale directed them to make themselves available whenever they were required by Indian authorities during the investigation into the shooting and prosecution of the two marines, who are in judicial custody.

Setting aside the Kerala High Court's order restraining Enrica Lexie from leaving India, the Bench directed the ship owner to execute a bond for Rs. 3 crore before the Registrar-General of the High Court as a surety for the presence of the crew and the vessel whenever required.

“In view of the clear position taken by the Kerala government that [the] vessel was not [the] object of [the] crime, nor [do the] circumstances create suspicion of offence by the vessel, the seizure of [the] vessel cannot legally stand. In view thereof, the entire reasoning given by the Division Bench of the High Court does not survive. So, the order has to go,” the Bench said.

It directed that the crew members make themselves available before the authorities within five weeks of receiving summonses or notice from Indian agencies. It also ordered that the vessel be brought before the legal authorities within seven weeks of receiving summonses or notice.

The Bench made it clear that its order would not affect the Kerala government's right to conduct the investigation and the prosecution of the two marines.

At the start of the proceedings, the Italian government said the incident was related to the affairs between two sovereign nations and assured the court that its marines would be available whenever they were required. But the Centre and the Kerala government vehemently objected to the submission, after which Italy modified its views on some issues.

The court also made it clear that it was not going into the legality of the agreement between the foreign government and the family members of the deceased fishermen.

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Agencies
July 20,2020

Mumbai, Jul 20: The Bombay High Court on Monday asked the NIA and the Maharashtra government to inform it about the health condition of poet Varavara Rao, an accused in the Elgar Parishad-Maoists links case, and if his family could be allowed to see him "from a reasonable distance".

The directions came after Rao's lawyer told the court that the activist was "almost on his deathbed".

Rao, 81, is currently admitted in the Nanavati Hospital here. He tested positive for coronavirus earlier this month and is also suffering from several other ailments.

A division bench of Justices S S Shinde and S P Tavade asked the National Investigation Agency (NIA) and the state to inform the court about Rao's health condition and clarify by July 22 whether his family members could be permitted to see him.

Rao's lawyer Sudeep Pasbola told the court that the activist was "almost on his deathbed" and that if he were to die, it should be in the presence of his family.

"His condition is very serious. He hit his head against the hospital bed while he was at the J J hospital and sustained severe injuries. Besides COVID-19, he suffers from several ailments, he is hallucinating and is delirious," Pasbola said.

"His days are numbered and if he is to die, at least let him die in the presence of his family members," the lawyer said while seeking that Rao be granted bail. Pasbola said Rao was in no condition to cause any prejudice to the probe in the case and even the NIA could not dispute this fact.

The bench, however, asked if Rao was in such a critical condition, wouldn't it be counterproductive to move him out of the hospital, and take him to any other place? "Also, if he has COVID-19, then how can he meet his family?" the court asked.

To this, Pasbola said if permitted, Rao's family could take precautions, and see him from a distance. The state's counsel, Deepak Thakare, told the high court that it could arrange for video-conferencing facilities for Rao's family.

Additional Solicitor General Anil Singh, who appeared for the NIA, said as far as he knew, "COVID-19 patients could not be permitted to meet anyone". He also said Rao had been admitted to "one of the best multi-speciality hospitals in the city," and that he was being taken care of in accordance with guidelines of the Indian Council of Medical Research (ICMR).

"We are providing the best treatment to him, all his medical needs are being attended to and we are following ICMR guidelines in treating him for COVID-19," Singh said. The court, while seeking details from the NIA and the state, said, "Can his family members see him from a reasonable distance in the hospital?"

Rao earlier filed two pleas in HC through his lawyer. One was to direct the state to produce all his medical reports from the state-run J J Hospital, where he was admitted in May but discharged hurriedly on June 2 and sent back to Taloja jail in neighbouring Navi Mumbai.

The other plea sought bail on health grounds.

The same bench also heard a petition filed by Rao's co-accused in the case, activists Vernon Gonsalves and Anand Teltumbde, seeking that they be tested for COVID-19 as they had been in close contact with Rao in the jail.

The court directed the prison authorities and the NIA to respond to the plea by July 23. "The prayer in the petition is limited. You (authorities) carry out the test for COVID-19 and see. If they are negative then good," the court said.

It noted that they (Gonsalves and Teltumbde) are lodged in the Taloja jail where there have been cases of inmates testing positive for coronavirus. Besides, the hearing on the plea of activist Sudha Bharadwaj, also an accused in the case, seeking bail on health grounds was adjourned after the court found the Byculla women prison superintendent's report on her health to be "illegible".

Her plea will also be heard on July 23.

Bharadwaj has been in jail since September 2018. She applied for bail on health grounds after an inmate at the Byculla prison tested positive for coronavirus last month.

Rao and nine other activists were arrested in the Elgar Parishad-Maoist links case, which was initially probed by the Pune Police and later transferred to the NIA.

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News Network
June 6,2020

Thiruvananthapuram, Jun 6: The Sabarimala Temple in Kerala is set to reopen from June 14 for devotees for monthly pooja and festival.

The temple will be open for the five-day monthly rituals in the Malayalam month of Midhunom that begins on June 15. From June 19-28 is the Sabarimala festival

A virtual queue system has been put in place in which 200 people will be allowed to register within an hour, Devasom Minister Kadakampally Surendran said.

To avoid crowding, only 50 devotees will be allowed to be present in front of the temple.

Before entering the premises, people will be scanned in Pampa and Sannidhanam. As a precautionary measure, people have been asked to wear mask and sanitation would be carried out at regular intervals.

Notably, no accommodation will be provided to the devotees in Sabarimala.

According to the Devasom Minister the administration has made two slots for the temple visit-- 4 am to 1 pm and 4 pm to 11 pm.

Also, the vehicles will only be allowed till Pampa. People coming from other states are required to register at government COVID Jagrata pass registration portal. Moreover, Appam and Arvana will be provided only through online booking.

Also, the devotees coming from other states will have to upload Indian Council of Medical Research (ICMR) labs certificate as a proof that they have not been infected with the lethal infection.

Also for the Guruvayoor Temple, the district collector, police and temple administration will hold a meeting to decide on the re-opening of the Temple. Here too devotees have to get themselves registered online.

In a single day, 600 people would be allowed to offer prayers at this shrine. Each hour, 150 people will be allowed to enter the premises.

Also, the time slot will be provided to people. In one batch 50 people will be allowed for 15 minutes inside the premises

Not only that, but marriages can also again be solemnised with divine blessings at the Guruvayoor temple. The administration will allow only 60 marriages in a day.

Weddings were stopped at the temple, due to the COVID-19 lockdown that was in place since March 24.

A marriage group should not have more than 10 people, including the bride and the groom and it is mandatory for the group to abide by the social distancing norm.

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News Network
August 7,2020

Idukki, Aug 7: Several people lost their lives and dozens of tea estate workers are feared trapped under soil in Kerala’s Munnar after torrential rains triggered a massive landslide on today. 

As many as five bodies have been recovered and rescue workers are fighting inclement weather to remove the debris.

According to rescue workers, four lanes of quarters and a church are buried under mud and around 80 people are feared trapped.

Seven people have been rescued so far and shifted to the hospital.

Sources said a portion of Pettimudi came crashing down on the workers colony with a deafening roar in the wee hours of Friday.

As people were sleeping in the quarters, there was little time to escape.

Further, with the Periyavara bridge being washed away, it became all the more difficult for rescue workers to reach the spot.

The construction of a new temporary Periyavara bridge however, is underway.

The bridge was previously destructed during the deluge of August 2018. Later during the north west monsoons and the south west monsoon of 2019, it suffered damage again.

The present bridge, which got damaged on Thursday after Kannimala river levels rose, was constructed under the leadership of Coir fed.

Although a new concrete bridge has been constructed near the temporary bridge in Periyavara, vehicle  movement has not been possible because the authorities are yet to build its approach via road.

The new bridge is to be constructed at a cost of Rs 4.75 crore from Devikulam MLA S Rajendran's fund.

The entire area has been cut off from outside world and communication networks have also crashed.

Teams of Fire and Rescue personnel, NDRF, revenue officials, estate workers and police are struggling to conduct rescue operations.

Meanwhile, District collector H Dhineshan said a team of rescue personnel was sent to Pettymudy after he was briefed about the mishap and search operations to locate and rescue people are underway.

Facilities have been arranged at the hospitals nearby to provide necessary treatment facilities to the people being rescued.

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