SC Orders Closure Of All Proceedings Against Italian Marines Who Killed Kerala Fishermen

The bench found the compensation of Rs. 10 crore agreed by the Republic of Italy is "reasonable & adequate".

New Delhi: The Supreme Court in its order today closed all the proceedings in India against two Italian Marines - Massimiliano Latorre and Salvatore Girone - accused of killing two fishermen off the Kerala coast in 2012.

A compensation of Rs. 10 crores was agreed by the Republic of Italy which the court finds “reasonable and adequate”.

During the last hearing, the Central government informed the Court an amount of Rs 10 crores agreed to be paid by the Republic of Italy as compensation has been deposited with the Registry of the top court.

"Considering the tribunal order, the Republic of India has agreed to the compensation of 10 crores. The Republic of Italy has deposited it and it is now transferred to this court's registry. We are satisfied with the compensation and the ex-gratia paid over and above earlier. This is a fit case to close all proceedings in India under Article 142 of the Constitution," the Court ordered.

The Bench Justices Indira Banerjee & MR Shah said that as per the international arbitral award accepted by India, the Republic of Italy will continue with the criminal proceedings in the country because the marines had immunity.

Eight months ago, the Permanent Court of Arbitration at The Hague had held that India has no jurisdiction to carry out criminal proceedings against the Italian marines and that Italy has jurisdiction to probe the incident. The Tribunal also directed Italy to pay compensation to the victims' families.

As for how the compensation will be distributed, the court said that Rs.4 crores will be given to each of the families whereas Rs. 2 crores will be given to the boat owner. Solicitor General Tushar Mehta told the Court during the last hearing that usually the compensation in such cases is deposited in the Fixed Deposit (FD) account so that interest can be derived by the victims. Representing the Kerala government, senior Advocate KN Balagopal, submitted that the compensation can be briefly kept in an FD, but would eventually have to be handed over to the victims.

On February 15th, 2012, two fishermen who were returning from a fishing expedition in Lakswadeep were gunned down by two Italian marines on board Italian oil tanker Enrica Lexie about 20 nautical miles off the coast of Kerala. Later, the Indian coast guard intercepted Enrica Lexie, and detained the two Italian marines— Salvatore Girone and Massimiliano Latorre.