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SC quashes FIR against two Italian marines in Kerala fishermen shooting case

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Published : Jun 15, 2021, 11:06 AM IST

Updated : Jun 15, 2021, 1:25 PM IST

11:04 June 15

New Delhi: The Supreme Court on Tuesday quashed all criminal proceedings in India against two Italian Marines, Massimiliano Latorre and Salvatore Girone, accused of killing two fishermen off the Kerala coast in 2012 on Centre's request. The court said Republic of Italy shall resume further investigation in case of killing of two Kerala fishermen.

The bench comprising Justice Indira Bannerjee and Justice MR Shah observed, "We are satisfied with the compensation and the ex gratia paid over and above earlier. This is a fit case to close all proceedings in India under Article 142 of the constitution". Italy had paid Rs 10 crore as compensation which was submitted in SC registry. That will be transferred to the Kerala HC registry. Rs 4 crore each shall be deposited in name of heirs of two deceased Kerala fishermen, Rs 2 crore shall be given to boat owner, SC said.

Read: SC to order closure of case against Italian marines in India for killing 2 Kerala fishermen

Last year, the Centre had told the court that the Permanent Court of Arbitration(PCA) has held that the two marines should be tried in Italy itself as they were exercising official functions when the incident occurred and they enjoy immunity. However, the PCA ruled that compensation should be given to India for killing its citizens. The centre had accepted the ruling as it was bound by the United Nations Convention on the Law of the Sea (UNCLOS) and the ruling was final. In 2013, the Supreme Court had ordered an investigation against the two marines but had stayed its proceedings in 2015 as the matter went to International court.
 

11:04 June 15

New Delhi: The Supreme Court on Tuesday quashed all criminal proceedings in India against two Italian Marines, Massimiliano Latorre and Salvatore Girone, accused of killing two fishermen off the Kerala coast in 2012 on Centre's request. The court said Republic of Italy shall resume further investigation in case of killing of two Kerala fishermen.

The bench comprising Justice Indira Bannerjee and Justice MR Shah observed, "We are satisfied with the compensation and the ex gratia paid over and above earlier. This is a fit case to close all proceedings in India under Article 142 of the constitution". Italy had paid Rs 10 crore as compensation which was submitted in SC registry. That will be transferred to the Kerala HC registry. Rs 4 crore each shall be deposited in name of heirs of two deceased Kerala fishermen, Rs 2 crore shall be given to boat owner, SC said.

Read: SC to order closure of case against Italian marines in India for killing 2 Kerala fishermen

Last year, the Centre had told the court that the Permanent Court of Arbitration(PCA) has held that the two marines should be tried in Italy itself as they were exercising official functions when the incident occurred and they enjoy immunity. However, the PCA ruled that compensation should be given to India for killing its citizens. The centre had accepted the ruling as it was bound by the United Nations Convention on the Law of the Sea (UNCLOS) and the ruling was final. In 2013, the Supreme Court had ordered an investigation against the two marines but had stayed its proceedings in 2015 as the matter went to International court.
 

Last Updated : Jun 15, 2021, 1:25 PM IST
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