Monday, June 14, 2021

Supreme Court Quashes Criminal Cases Against Italian Marines In Enrica Lexie Case Accepting Compensation

Accepting the compensation of Rupees 10 crores deposited by the Republic of Italy, the Supreme Court on Tuesday quashed the criminal proceedings pending in India against against two Italian Marines -Massimilano Latorre and Salvatore Girone - with respect to the 2012 sea-firing incident near Kerala coast which killed two Indian fishermen. 

The Court has directed the transfer of the amount of Rupees 10 crores - deposited with the Supreme Court Registry - to the High Court of Kerala.

The Supreme court requested the Chief Justice of Kerala High Court to nominate a Judge to pass appropriate order of disbursement to protect interest of heirs & ensure it's recieved by them.

The Bench that noted Owner of damaged Boat, Union of India, State of Kerala and heirs of deceased have agreed to accept the award. 

"We are satisfied that the amount of 10 crores over and above ex gratia already submitted can be said to be a reasonable amount of compensation and in interest of heirs. We are of the view that this is a fit case to close all proceedings in India including criminal proceedings, in exercise of powers under Article 142 of the Constitution. FIR 2/2012 quashed and set aside, and all proceedings therefrom are quashed", the bench said.

The Supreme Court also observed that Republic of Italy should resume its criminal proceedings against the Marines in Italy in terms of the international award, and Government of Republic of Italy, UOI and Kerala government to coordinate with each other in respect to disbursement of compensation.

A vacation bench comprising Justice Indira Banerjee and Justice MR Shah passed the order in an application filed by the Central Government to quash the criminal proceedings pending in India against the marines.

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