New Delhi: The Supreme Court on Tuesday ordered the closure of proceedings in India against two Italian marines, accused of killing two fishermen off the Kerala coast in February 2012.
The apex court has also directed the transfer of Rs10 crores - deposited with the Supreme Court Registry by the Italian government- to the High Court of Kerala.
The top court requested the Chief Justice of Kerala High Court to nominate a Judge to pass appropriate order of disbursement to protect the interest of heirs and ensure the amount is received by them.
Referring to the international arbitral award and the terms of the agreement among India, Italy and the Kerala government, a vacation bench comprising justices Indira Banerjee and M R Shah said the case against marines Massimilano Latorre and Salvatore Girone for the offences would be now pursued by Italy there.
As per the scheme on disbursal of compensation, the top court was informed by the Kerala government that Rs 4 core each would be given to the heirs of two deceased fishermen and the rest Rs 2 core would be paid to the owner of the fishing vessel St. Antony on which the two were shot dead.
Official immunity saves marines
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).
The Centre had earlier told the top court that Italy has assured the Indian government that it would prosecute the marines there as per law and that maximum compensation will be ensured to the victims' family members.
The Centre had referred to the last year's ruling of the Permanent Court of Arbitration (PCA) at The Hague which held that India was entitled to get compensation in the case but can't prosecute the marines due to official immunity enjoyed by them.
It had said the arbitration under United Nation Convention on the Law of Sea (UNCLOS), which was instituted on a request from Italy, has delivered its Award on May 21, 2020.
Latorre, who had suffered a brain stroke on August 31, 2014, was first granted bail and allowed by the apex court on September 12, 2014 to go to Italy for four months and after that, extensions have been granted to him.
In Italy, Latorre underwent a heart surgery after which the top court granted him extension of his stay in his native country.
On September 28, 2016, the apex court had allowed Latorre to remain in his country till the international arbitral tribunal decided the jurisdictional issue.
On May 26, 2016, Girone was also granted bail with certain conditions and allowed by the top court to go to his country till the jurisdictional issue was decided. The complaint against the marines was lodged by Freddy, the owner of fishing boat 'St Antony' in which two Kerala fishermen were killed when marines opened fire on them allegedly under the misconception that they were pirates.
