- Centre mentioned Italy had assured it could criminally prosecute the marines
- However the courtroom mentioned the fishermen’s households have to be compensated first
- “Convey cheques and the relations of victims right here,” mentioned the Chief Justice
The case towards two Italian marines who shot useless two Indian fishermen off the Kerala price in 2012 might be closed solely when Italy compensates the households of the victims, the Supreme Courtroom mentioned as we speak. “Let Italy pay them compensation. Solely then will we permit the withdrawal of prosecution,” Chief Justice SA Bobde mentioned.
The centre, requesting the highest courtroom to let it withdraw the instances following the choice of a UN tribunal, mentioned Italy had assured it could criminally prosecute the marines.
However the courtroom mentioned the fishermen’s households have to be compensated first. “Convey the cheques and the relations of victims right here,” mentioned the Chief Justice. The courtroom has requested the centre to file an utility making the households occasion to the case inside per week.
The Hague-based Everlasting Courtroom of Arbitration (PCA) not too long ago dominated that the Italian marines get pleasure from immunity, so that they can’t be tried by Indian Courts. However the UN tribunal mentioned India is entitled to compensation “in reference to lack of life, bodily hurt, materials injury to property and ethical hurt suffered by the captain and different crew members of the fishing boat that got here beneath fireplace, St. Antony”.
The Supreme Courtroom mentioned it could want to listen to the victims’ households earlier than permitting the instances to be withdrawn.
Solicitor Normal Tushar Mehta, showing for the Centre, instructed the courtroom that Italy, in a letter, mentioned each the marines could be criminally prosecuted and the utmost compensation might be paid to the households.
The 2 Italian marines are accused of killing two unarmed Indian fishermen off the coast of Kerala on February 15, 2012. The marines had appealed within the Supreme Courtroom towards the Kerala Excessive Courtroom’s choice that the marines could possibly be prosecuted in Kerala.
In March 2017, the Supreme Courtroom directed India and the marines to put on document the proceedings of the Arbitral Tribunal beneath the UN Conference on the Legislation of the Sea (UNCLOS).