TOP COURT CLOSES CASE AGAINST ITALIAN MARINES
NEW DELHI: The Supreme Court on Tuesday directed the closure of criminal proceedings in India against two Italian marines, accused of killing two fishermen off the Kerala coast in February 2012, and asked the Kerala high court to oversee the apportionment of ₹10 crore compensation to the heirs of the victim.
A vacation bench of Justices Indira Banerjee and M R Shah quashed the FIR and proceedings emanating from the case against the two Italian marines.
The bench said that as per the international arbitral award accepted by India, Italy shall resume further probe against the marines -- Massimilano Latorre and Salvatore Girone. The SC termed the ₹10 crore compensation paid by Italy over and above payment already made as “reasonable and adequate”.
NEW DELHI: The Supreme Court on Tuesday directed the closure of criminal proceedings in India against two Italian marines, accused of killing two fishermen off the Kerala coast in February 2012, and asked the Kerala high court to oversee the apportionment of ₹10 crore compensation to the heirs of the victim.
A vacation bench of Justices Indira Banerjee and M R Shah quashed the FIR and proceedings emanating from the case against the two Italian marines.
The bench said that as per the international arbitral award accepted by India, Italy shall resume further investigation in the case against the marines -Massimilano Latorre and Salvatore Girone. The top court termed the ₹10 crore compensation paid by Italy over and above payment already made as “reasonable and adequate”.
It said that out of the ₹10 crore compensation, ₹4 crore each shall be deposited in the name of heirs of two deceased Kerala fishermen and ₹2 crore shall be given to owner of boat.
The top court said that ₹10 crore deposited in apex court’s registry shall be transferred to the Kerala high court, which will make a fixed deposit of Rs 4 crore each in the name of heirs of the two deceased fishermen for some time.
The bench said that heirs of fishermen will be able to withdraw the interest amount during the period of fixed deposit of compensation money, so that entire money is not misappropriated. In February 2012, India had accused the two marines on board the MV Enrica Lexie -- an Italian flagged oil tanker -- of killing two Indian fishermen who were on a fishing vessel in India’s Exclusive Economic Zone (EEZ).
On June 11, the top court had said that it would pass orders on closure of proceedings in India against the Italian marines. The top court ordered the compensation money be transferred to the Kerala high court for disbursal and ensuring that the amount does not fritter away.