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Supreme Court today while closing all the criminal proceedings against Italian Marines in India has directed Rs 10 Crore, received as compensation in Italian Marines Case, to be transferred to the Kerala High Court Registry; Rs 4 Crore to be directed to the victim family and Rs 2 Crore to the boat owner.

While disposing the matter, vacation bench of Justice Indira Banerjee and Justice MR Shah, said,

“We are satisfied with the compensation and the ex-gratia amount paid earlier and find it a fit case to close all proceedings under Article 142 of the Constitution. Republic of Italy shall resume the criminal proceedings. The amount of Rs 10 crore lying with the Supreme Court registry to be transferred to the Kerala High Court; 4 crore to be given to the deceased victims and 2 crore to the boat owner. A Judge be appointed by the Kerala High Court to ensure that compensation paid to the victims are made available to their legal heirs. Republic of Italy will continue the proceedings and the State of Kerala will cooperate with the criminal proceedings.”

Earlier, the bench had expressed concerns in utilization of the compensation amount;

“4 crore is a very big amount. We need to protect the interest of the victims. There may be inter-family disputes too. We may close these proceedings & transfer the amount to HC & the HC would pass appropriate orders”, Court had previously observed.

Mr. Mehta while apprising the Court about the agreement entered between the Government of India, Republic of Italy and State of Kerala, of distribution of the compensation amount, had submitted that the same was yet to be apportioned. 

It was on February 15, 2012 that a fishing boat ‘St. Antony’ was mistaken for a pirate boat by the Italian mariners. Consequently two Indian fishermen, Valentine Jalastine and Ajesh Binki were shot dead.

In its judgment dated July 2, 2020, Permanent Court of Arbitration had allowed India to seek compensation from Italian Mariners. It was, inter-alia, observed, “that as a result of the breach by Italy of Article 87, paragraph 1, subparagraph (a), and Article 90 of the Convention, India is entitled to payment of compensation in connection with loss of life, physical harm, material damage to property (including to the “St. Antony”) and moral harm suffered by the captain and other crew members of the “St. Antony”, which by its nature cannot be made good through restitution”

Also Read: Republic of Italy must continue criminal proceedings against marines who killed two India fishermen: Supreme Court

Case Title: Massimilano Latorre & Ors v UOI & Ors