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Accepted International Award In Italian Marines Case, End Proceedings, SC Told

On August 26, 2015, the apex court, in view of the pendency of the issue before ITLOS, stayed the proceedings pending before it and before any other court.

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Supreme Court

New Delhi, July 3 : The Centre has informed the Supreme Court that it has accepted the international tribunal award in the killing of two India fishermen by Italian marines and asked it to close the matter pending before it for eight years.

The tribunal ruled for the trial of marines in Italy, while holding India is entitled to payment of compensation in connection with loss of life, physical harm, material damage to property and moral harm suffered by the captain and other crew members of fishing vessel ”St. Antony”.

The Centre, in the application filed in the top court, said: “The applicant (Union of India) states and submits that the Republic of India has taken a decision to accept and abide by the Award passed by the Tribunal which would have the bearing on the continuance of present proceedings before this court.”

In March 2017, the apex court had passed an order where it directed the parties to place on record the award passed by the Arbitral Tribunal constituted under the United Nations Convention on the Law of the Sea (UNCLOS).

The Centre submitted that on August 24, 2015, the International Tribunal on Law of the Sea (ITLOS), on the request of Italy, rendered an order prescribing provisional measures, which stated that Italy and India shall both suspend all court proceedings.

On August 26, 2015, the apex court, in view of the pendency of the issue before ITLOS, stayed the proceedings pending before it and before any other court.

“The Tribunal upheld the conduct of Indian authorities with respect to the incident and highlighted the material and moral harm suffered by the Indian fishermen on board the St. Antony on 15 February 2012. It held that the actions of the Italian Marines breached India”s freedom and right of navigation under UNCLOS Article 87(1)(a) and 90,” said the Centre, citing salient features of the award.

However, the international tribunal found that the immunities enjoyed by the marines operate as an exception to the jurisdiction of the Indian courts and, hence, preclude India from exercising its jurisdiction over them.

It also rejected Italy’s claim to compensation for the detention of the marines.

“India being a party to the UNCLOS, in accordance with the provisions of the UNCLOS and the Rules of Procedure agreed by the Parties, the Award is final and without appeal and shall be complied with by the parties to the dispute (Article 11, Annex VII, UNCLOS)”, said the Centre”s application, placing the award on record before the apex court.

On February 15, 2012, two Indian fishermen aboard the Indian fishing vessel, St. Antony, were allegedly killed by two Italian marines aboard the Italian tanker ”Enrica Lexie” off the coast of Kerala. The Indian Navy intercepted the Italian tanker and detained the two marines, triggering an international conflict over legal jurisdiction and functional immunity. The two marines were released and returned to Italy after two and four years, respectively. The Arbitral Tribunal was tasked to resolve the conflict over jurisdiction.

India

Doctor dies by suicide at AIIMS Delhi hostel, fifth such death at hospital in 2 months

In the last two months, AIIMS-Delhi has registered five deaths by suicide – three by patients and two by doctors.

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Asecond-year medical student has died by suicide at All India Institute of Medical Sciences in New Delhi. The student, identified as Vikas, jumped off the roof of hostel number 19 at around 6 pm.

The police, in a statement, said that they received a call about a person jumping off the hostel roof at about 6 pm. “Upon reaching the spot, the injured person was promptly moved to the trauma centre and was given treatment. He was declared dead during treatment.”

The police identified the deceased as Vikas – a 22-year-old medical student from the 2018 batch. Vikas was a permanent resident of Bangalore.

According to the police, the doctor was earlier admitted to a psychiatry ward as a patient as he was experiencing some mental health issues.

The police also revealed that Vikas on duty on Monday and had taken a one-hour leave from the ward. During this break, he allegedly came to the hostel and jumped off the roof. Further inquiry is underway.

This is the fifth case of death by suicide at India’s premier medical institute since June 5.

On July 17, a 32-year-old man was found dead in the bathroom of the hospital’s emergency wing. A resident of Satna in Madhya Pradesh, he had come to the hospital for a follow up on his intestinal surgery conducted last year.

On July 10, a 25-year-old junior doctor had died by suicide at AIIMS-Delhi by jumping off the 10th floor of the hospital building. According to sources, the doctor was suffering from depression.

On July 6, a 37-year-old journalist, who was undergoing treatment for Covid-19 at AIIMS Delhi, had died after he jumped off the fourth floor of the hospital.

A month before that, on June 5, a 22-year-old man was found hanging from the railing of the second-floor staircase at AIIMS-Delhi. He was suspected to be suffering from depression.

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India

Yogi invokes NSA against Peace Party leader Dr Ayub

He was arrested from Gorakhpur on August 1, for issuing an advertisement with derogatory content in a newspaper.

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Dr Ayub Khan Peace Party

LUCKNOW: The Yogi Adityanath government in Uttar Pradesh has invoked the National Security Act (NSA) against Dr Ayub, president of the Peace Party.

Ayub will not get bail for at least 12 months.

He was arrested from Gorakhpur on August 1, for issuing an advertisement with derogatory content in a newspaper. A complaint against him had been registered at the Hazratganj police station in Lucknow.

Ayub, who is the founder of the Peace Party and was elected to the Vidhan Sabha in 2012, is now in Lucknow jail.

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Jitin Prasada urges Yogi to restore Parshuram Jayanti holiday

Parshuram Jayanti had earlier been declared a public holiday but when the Yogi government came to power, the holiday was cancelled.

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Jitin Prasada Congress UP

Former Union minister and senior UP Congress leader Jitin Prasada has written a letter to Uttar Pradesh Chief Minister Yogi Adityanath, urging him to declare a holiday on Parshuram Jayanti.

Parshuram Jayanti had earlier been declared a public holiday but when the Yogi government came to power, the holiday was cancelled.
In April 2017, the chief minister had cancelled 15 public holidays, including Parshuram Jayanti. The government also cancelled the birth and death anniversaries of several eminent people.

In his letter, Jitin Prasada, who has been leading a campaign against atrocities on the Brahmin community, said that Parshuram is revered as the Lord of Justice and is also seen as the sixth avatar of Lord Vishnu.

He said that Parshuram is held in high esteem by the Brahmin community. Prasada has urged the chief minister to restore the holiday on Parshuram Jayanti.

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