Bring Cheque to Us, we’ll give it to Victims’ Kin: Apex Court 

On Friday, the Apex Court refused to close the criminal proceedings against two Italian Marines, accused of killing 2 Kerala fishermen in Feb 2012, without ensuring that Italy paid “adequate compensation” to the family of the victims & directed their impleadment in the pending petition.

A bench of Chief Justice of India S A Bobde & Justice A S Bopanna & Justice V Ramasubramanian told Solicitor General Tushar Mehta, “Union Govt has accepted the UNCLOS tribunal award. That is your choice. After that, you come to the SC saying the criminal investigation into the role of the Marines will be taken up by Italy. This doesn’t take care of the compensation component. It has to be fixed.” 

Bring cheque to us, we’ll give it to victims’ kin: SC 

Solicitor general Tushar Mehta said the Indian Govt has expert negotiators who would ensure that more than adequate compensation is paid. For the Italian Govt, Senior Lawyer Suhai Dutt said Italy had already paid Rs 1.15 crore each to the families of 2 deceased Kerala fishermen.

But the bench said, “We want Italy to pay adequate compensation. You (Italy government) must pay adequate compensation without bargaining. You bring the cheque to the SC. We will hand it over to the kin of the victims.” The Apex Court directed the Centre to make the family of deceased parties to the petition & posted hearing in the case after one week.

When Dutt said the UNCLOS tribunal’s award was binding on the parties, the Supreme Court said, “That does not mean much in these proceedings. We’re not going to hear this petition without the kin of the victims.”

Immediately after the May 21 award of the UNCLOS tribunal, the Centre had requested the Apex Court to close the eight-year-old proceedings initiated by the Italian Govt. & two Marines against the latter’s prosecution in the killing of 2 Kerala fishermen in 2012, saying further hearing was not required.

The application by the MEA said the Govt had accepted the award of the arbitral tribunal under the UN Convention on the Law of the Sea (UNCLOS) as it vindicated the Indian stand by ruling that “actions of the Italian Marines (Massimiliano Latorre & Salvatore Girone on board Italian vessel Enrica Lexie) breached India’s freedom & right of navigation” & upheld the conduct of Indian authorities with regard to the February 15, 2012, firing incident resulting in death of two fishermen aboard St Antony off the Kerala coast.

The tribunal, the MEA told the Top Court, held that both India & Italy had concurrent jurisdiction over the incident & that there existed a valid basis for instituting criminal proceedings against the two Marines. However, it cited diplomatic immunity enjoyed by them that non-suited India from exercising its jurisdiction over the Marines. The tribunal rejected the Italian claim for compensation for detention of the Marines in India in connection with the case, it said. 

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