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Friday, August 7, 2020

Will hear kin of victims before closing Italian marines’ case: Supreme Court


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Tribune News Service

New Delhi, August 7

The Supreme Court on Friday said it would like to hear the relatives two Indians killed by Italian marines off the coast in Kerala in 2012 before closing the case.

"First, let Italy pay them compensation. Only then we will allow withdrawal of prosecution. Bring the cheques and the victims' kin here," a Bench headed by Chief Justice of India SA Bobde told Solicitor General Tushar Mehta.

After an international tribunal ruled that India didn't have the jurisdiction to try two Italian marines accused of killing two Indian fishermen in Kerala, the Centre had on July 3 moved the Supreme Court seeking disposal of the case pending before it.

In an application filed in the top court, the Centre had said it had accepted the award of the Permanent Court of Arbitration (PCA) under the United Nations Convention on the Law of the Sea (UNCLOS).

"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 court," the Centre had submitted.

On Friday, Mehta said Italy had assured India that it would prosecute the marines.

As the Bench asked about adequacy of compensation to be paid to the families of the victims, Mehta said the Centre would ensure that maximum compensation was paid to them. But the Bench made it clear that it won't pass orders for closure of the case against the two Italian marines without hearing the victims' families.

It asked the Centre to file an application within a week to make the victims' families parties to its plea seeking closure of the case against Italian marines.

"We cannot think of any relief for marines till their prosecution is not withdrawn in the Kerala court," the Bench said. "We are willing to file a petition for withdrawing prosecution of the two marines," Mehta said even as the CJI said the victims' families will have to be heard.

In its application, the Centre said it would abide by the award in killings of two fishermen by Italian Marines Massimiliano Latorre and Salvatore Girone who were on board Italian-flagged oil tanker MV Enrica Lexie when they allegedly fired at two Indian fishermen on February 15, 2012.


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