In the case of the killing of two fishermen by Italian marines in Kerala, the Supreme Court ordered the Central Government to deposit a sum of ten crores of compensation to the families of the fishermen in the Supreme Court Registry. The court said that the Supreme Court will give this amount to the victims. CJI SA Bobde said that the trial against the Marines will not be canceled until the compensation amount is received. Let us tell you that the next hearing of the case will be on April 19. On behalf of the Italian government, it was told that on May 21, 2020, a compensation of ten crore rupees has been fixed for the victims between India and Italy. The matter is that how should this compensation be given, if the Ministry of External Affairs of India tells the bank account, it can be deposited. He said that he will deposit the money in three days. On behalf of the Central Government, Solicitor General Tushar Mehta said that he will give the bank account number today. After this, the government will deposit this amount in the Supreme Court in three days. The petitioners demanded that these compensation be deposited in the Supreme Court and then the Supreme Court should distribute the compensation to the victims.
The Supreme Court has heard the application of the Central Government, the Central Government has demanded the Supreme Court to stop the hearing. SG Tushar Mehta said that the order has been followed in this case. The Center said that as per the court order, Italy has agreed to pay compensation to the victims’ families. The families of the victims have also agreed to this. Their trial will run in Italy, so the pending petition should be disposed of. In 2020, the Supreme Court at present refused to issue an order on the Central Government’s application to close the case.
Chief Justice of India (CJI) SA Bobde said that no order will be issued without hearing the families of the victims. The CJI said, ‘Victims should get adequate compensation. He said that the victim families are also parties in the trial court. They too should get a chance to answer. The CJI said that bring the compensation checks to the court and the families of the victims, they will be allowed to close the case only if they get adequate compensation. The Supreme Court told the lawyer appearing on behalf of Italy that they would have to pay adequate compensation. The lawyer said – reasonable compensation will be given. On this, the CJI said- ‘Not enough compensation’
Let us tell you that this is the case of killing of two fishermen by Italian marines in Kerala. Earlier, the Central Government had filed an application in the Supreme Court and requested to close the hearing of the case. The central government has told the court that India has decided to uphold the UN Convention on the Law of the Sea (UNCLOS) as there can be no subsequent appeal and it is binding as per international arbitration rules. Therefore, the court should stop the pending hearing in this case. In 2017, the Supreme Court had asked the government to keep the UNCLOS decision on record.
The central government, while filing its decision, said that the court should settle the case. Earlier, the Supreme Court had allowed both the marines to go to Italy on the basis of conditions. In fact, the tribunal of the UN Convention on the Law of the Sea (UNCLOS) has stated that the actions of Indian officials were correct under the rules of UNCLOS. According to the Italian military authorities i.e. Italy UNCLOS Articles 87 (1) (a) and 90 was preventing India’s right to navigation. Both India and Italy had the right to take action on this incident and also the legal right to file a criminal case against the Italian sailors.
The tribunal rejected the demand for compensation from India for the detention of both Italian sailors. But it was believed that these sailors were immunized by the action of Indian courts because of their work for the country. But India suffers damages for loss of life and property. The tribunal said that India and Italy can decide the amount of damages after considering each other. The case dates back to 2012 when Italian sailors Salvatore Girone and Massimilano Latore were accused of shooting two Indian fishermen into the sea near Kerala. The biggest question in this case was jurisdiction. Italy said that this incident took place outside the maritime boundary of India, but India raised questions on it. India also said that since the killed fishermen were Indians, the matter should be dealt with under Indian laws.