Italian Marines case: SC says it will not close case without hearing victims' families, asks Centre to ensure adequate compensation is paid

The Supreme Court today said that it will not close the Enrica Lexie case concerning the shooting of two Indian fishermen off the coast of Kerala by Italian marines without hearing the families of the victims first. .To this end, the Court has asked for the families to be made parties to the case. The Apex Court has also asked the Italian government to ensure that adequate compensation is paid to the families. The Court will hear the case next after one week..The Bench of Chief Justice of India SA Bobde with Justices AS Bopanna and V Ramasubramanian was hearing an application filed by the Centre seeking disposal of all pending cases against the two Italian marines who are accused of killing the two Indian fishermen while at sea. .The Court today was told by Solicitor General Tushar Mehta that the Centre has decided to accept the award that was passed by the Permanent Court of Arbitration (PCA) at the Hague, which precluded India from exercising jurisdiction against the two accused..On this, the Supreme Court flagged two issues that arise from the Centre's decision: one pertaining to the question of compensation for the families of the victims, and the second involving the Supreme Court's previous order which directed for the trial to go on. .Advocate Aditya Varma for the State of Kerala also sought to highlight the conflict between the award passed by the PCA, which is accepted by the government of India, and the order passed by the Supreme Court earlier.."Today there is a conflict between the PCA award and the judgment passed by the Supreme Court... Till changes are made to the municipal laws this award cannot be effectuated. Disputes are on territorial jurisdiction," he said..The Court questioned as to why the Centre approached the Supreme Court directly for the disposal of cases without approaching the Trial Court first where the families of the victims are also a party, as opposed to before the Supreme Court. CJI Bobde said,."The fact is there is a criminal charge being tried here in India where the victims' families are also appearing. Without applying for withdrawal of prosecution there (trial Court) how can you (UOI) come here (to the Supreme Court)? Why don't you apply for withdrawal there? There atleast the families can oppose your application. Here they are not even a party.".SG Mehta, while assuring the Court that the families of the victims can be brought before the Supreme Court, also submitted that the Italian government has assured India that the two accused will be criminally prosecuted in their home country.."Republic of Italy in a letter has assured the government of India that both of them will be criminally prosecuted in Italy and that maximum compensation will be paid to the victims' families. We will ensure this."SG Tushar Mehta to the Supreme Court.The Court asserted that it will not pass any order till the families are heard and asked SG Mehta to ensure adequate compensation is paid to the families.."You have to ensure adequate compensation. You bring the cheque here and we will hand it over to the victims' families."CJI SA Bobde to SG Tushar Mehta.The case will be heard after a week during which time, the families of the victims will be impleaded as parties to the matter..Earlier, the Central government had filed an application seeking the disposal of all pending pleas before the Supreme Court in relation to the Italian Marines case or the Enrica Lexie case in light of the award passed by the Permanent Court of Arbitration..Italian Marines’ Case: Centre agrees to abide by PCA award precluding India's jurisdiction, seeks disposal of pending cases by Supreme Court.The PCA ruled that while India did not breach provisions of the United Nations Convention on the Law of the Sea (UNCLOS) in the case, it did not have the jurisdiction to prosecute the Italian marines, Massimiliano Latorre and Salvatore Girone..India cannot exercise jurisdiction to try Italian marines, entitled to compensation from Italy: Permanent Court of Arbitration .The Centre informed the Supreme Court that since it will abide by the award passed by the PCA, all the cases pending against two Italian nationals ought to be disposed of..“The applicant states and submits that the Republic of India has taken a decision to accept and abide by the Award passed by the said Tribunal which would have the bearing on the continuance of present proceedings before this Hon’ble Court.”Application filed by the Centre.The decision of the PCA pertains to an incident of February 2012 when Latorre and Girone fired shots while onboard the Enrica Lexie, an Italian vessel. These shots killed two Indian fishermen who were on board an Indian vessel, St. Anthony..In 2014, the Supreme Court had stayed the criminal proceedings against the two marines that were conducted by the Special Court at Kollam in Kerala. .Subsequently, in 2015, the Supreme Court also stayed all the proceedings before it as well as other courts in India in light of the order passed by the International Tribunal on Law of the Sea (ITLOS), which called for both nations to suspend all criminal proceedings against the two accused marines..In 2017, the Supreme Court had directed the Centre to place on record whatever award is passed by the PCA. In compliance with this direction, the Centre has brought the PCA’s award on record and has also sought for the disposal of the three pending pleas in the matter..The PCA's award, besides precluding India’s jurisdiction, also held that India was entitled to claim compensation from Italy. The two countries are required to hold consultations to arrive at the amount of compensation..Read Order: