Deposit compensation for Indian fishermen killed by Italian marines, SC tells Centre

The Supreme Court on Friday asked the Centre to deposit with its registry Rs 10 crore compensation meant for families of two fishermen killed off the Kerala coast in 2012 by two Italian marines.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian told Solicitor General Tushar Mehta, appearing for the Centre, to deposit the money within one week, to decide upon its plea for closing the criminal case against the marines.

A counsel, appearing for the Italy government, submitted before the court the amount of compensation payable in terms of the international tribunal's award of May 21, 2020, saying it would be deposited on Friday itself by his client with the account specified by the Ministry of External Affairs.

The court posted the matter for consideration on April 19.

On August 7, 2020, the court had asked the Centre to bring on board members of the families of two fishermen, as they were required to be paid adequate compensation.

The government had then said it was willing to withdraw the prosecution against the marines as Italy has agreed to prosecute them over there following the decision by the international tribunal.

In July 2020, the Centre had informed the court that it decided to accept and abide by the tribunal's award.

The tribunal set up under the United Nations Convention on the Law of the Sea (UNCLOS) had on May 21, 2020, ruled that the criminal investigation into the matter involving two Marines would take place in Italy due to sovereign immunity enjoyed by them, and India would be entitled for the grant of compensation.

The Centre has asked the top court to close the matter pending before it.

On August 26, 2015, the top court had stayed the proceedings before it against the NIA probe, in view of the pendency of the issue before International Tribunal on Law of the Sea (ITLOS).

Marines Massimiliano Latorre and Salvatore Girone, who were aboard the Italian-flagged commercial oil tanker 'Enrica Lexie', were accused of killing two Indian fishermen on February 15, 2012.