Govt plea for closure: SC to hear victims’ kin on compensation first

THE TWO MARINES WERE GRANTED CONDITIONAL BAIL BY THE SUPREME COURT AND ALLOWED TO RETURN TO ITALY IN 2014 AND 2016

nNEWDELHI:THE Supreme Court on Friday asked the central government to ensure that families of the two Indian fishermen killed by Italian marines off the coast of Kerala in 2012 are adequately compensated if the government wants to close the proceedings before the top court and the criminal trial pending before the special court in Delhi.

A bench headed by Chief Justice of India (CJI), SA Bobde said that it will dispose of the case only after the families of the victims are heard and given compensation. “We expect you to pay adequate compensation. You will have to bring the cheque here. We will then dispose of the case,” the CJI said.

The Centre moved the apex court on July 3 stating it has agreed to accept and abide by the award passed on May 21 by the Permanent Court of Arbitration (PCA) at Hague, Netherlands. It requested that the proceedings pending before top court in relation to the incident be closed.

The Supreme Court, on Friday, noted that the victims’ families are not party to the case before the Supreme Court. “But they are appearing before the special court in Delhi (which is conducting the trial). We will not pass an order without hearing victims’ families,” the court said. It granted a week’s time to the Centre to file an application making the families party to the case before Supreme Court. The matter will be heard after a month.

The case pending before the Supreme Court is an appeal filed by the two marines, Massimiliano Latorre and Salvatore Girone, against a May 2012 judgment of the Kerala high court which held that Kerala had jurisdiction to try them.

The trial against the marines, which was initially proceeding in Kerala, was later shifted to Delhi in 2013 where it went on till the Supreme Court stayed it in 2015 after taking note of the proceedings pending before the tribunal.

The two marines, accused of killing fishermen Ajesh Binki and Valentine Jalastine, crew members of the fishing boat St Anthony, were granted conditional bail by the Supreme Court and allowed to return to Italy in 2014 and 2016. The marines shot the fisherman under the mistaken impression that they were pirates. Their ship then tried to make a getaway but was intercepted by the Indian coast guard.

The arbitral proceedings before PCA were instituted under United Nations Convention on Law of Seas (UNCLOS) on June 26, 2015 after Italy served notice on India under the UNCLOS. UNCLOS is an international agreement that defines the rights and responsibilities of nations with regard to their conduct and use of world seas and oceans.

The tribunal ruled on May 21 that the marines enjoyed immunity since they were exercising official functions in their capacity as Italian state officials when the incident occurred. It ordered India to stop criminal proceedings against them. It also ruled that Italy would have to compensate India for loss of life and damage to property.

“The Republic of India has taken a decision to accept and abide by the award passed by the (arbitral) tribunal which would have the bearing on the continuance of present proceedings before the Supreme Court. The applicant (central government) is, therefore, placing the award on record with a prayer that the proceedings with regard to the incident dated February 15, 2012 be disposed of in conformity with the Award passed by the tribunal”, the application filed by Centre before the apex court said.