Supreme Court to hear matter related to Italian marines on April 9

The Supreme Court on Wednesday agreed to consider on April 9 a plea by the Centre to close the criminal case against two Italian marines who allegedly killed two fishermen off Kerala coast in 2012, in view of an international Tribunal's decision and payment of compensation to victims families.

Solicitor General Tushar Mehta mentioned the matter before a bench presided over by Chief Justice S A Bobde for listing of the case due to an urgency.

The bench, also comprising Justices A S Bopanna and V Ramasubramanian, agreed to consider the matter on Friday.

Mehta also pointed out that on last occasion, the top court had asked the Centre to contact the victims. Following this, we contacted the victims families and they had already been given the compensation, so nothing has to be adjudicated in the matter, he said.

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 an international tribunal.

In July, 2020, the Centre has informed the court that it has taken a decision to accept and abide by the International 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 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 off Kerala coast on February 15, 2012.