Seven uninjured Kerala fishermen, who were on boat St Anthony along with the two others who were killed by firing from Italian Marines in 2012, have moved the Supreme Court seeking a share in the Rs 2 crore compensation given to the boat owner by the Italian government. On June 15, the SC had brought the curtains down on a nine-year-old criminal proceedings and diplomatic wrangle over trial of two Italian marines for killings of two fishermen off Indian coast in lieu of Rs 10 crore additional compensation paid by Rome and chalked out modalities for handing over the monies to kin of victims. The SC made arrangements for proper investment of the compensation amount – Rs 4 crore each to the kin of deceased fishermen and Rs 2 crore to the owner of boat St Antony – so that the monies are not frittered away. The seven fishermen, who were aboard St Anthony on February 15, 2012 when the Italian Marines had opened fire leading to the two deaths, moved the SC saying they were also entitled to compensation from the money paid to the boat owner as they too suffered trauma even though they narrowly escaped death. They requested the SC to stop disbursement of the Rs 10 crore compensation till their share in the compensation awarded to the boat owner was determined and quantified. In its June 15 judgment, a bench of Justices Indira Banerjee and M R Shah had said as per the International Arbitral award, Italy is mandated to commence criminal trial proceedings against the two Marines — Massimilano Latorre and Salvatore Girone — without any loss of time. “… now the Republic of Italy shall resume its criminal investigation in the events of February 15, 2012 and it is further directed that the Union of India, Republic of Italy and the State of Kerala shall cooperate with each other in pursuit of that investigation,” it had said.
On the compensation of Rs 10 crore paid by Italy over and above Rs 2.17 crore already paid by it to families of victims, the bench said, “We are satisfied that the amount of compensation of Rs 10 crores over and above the ex-gratia amount of compensation already paid to the heirs of the deceased fishermen offered and deposited by the Republic of Italy, … can be said to be a reasonable amount of compensation and can be said to be in the interest of heirs of the deceased. We are of the view that this is a fit case to close all the proceedings in India including criminal proceedings in exercise of powers under Article 142 of the Constitution of India.” The SC had quashed the FIR No.2/2012 of Coastal PS, Neendakara, Kollam, Kerala re-registered as FIR No. R.C. No. 04/2013/NIA/DLI dated 4 April 2013, under Sections 302, 307, 427 read with Section 34 of the Indian Penal Code, 1860 and Section 3 of the Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 registered by the National Investigation Agency, New Delhi, and all proceedings emanating there from including the proceedings pending before the Ld. Special Designated Court, Patiala House Courts, New Delhi. SC ordered transfer of the amount of Rs 10 crore, deposited in the SC registry by Union of India after receipt of it from Italy, to the Kerala high court and requested the HC chief justice “to nominate a judge to pass appropriate order of disbursement/investment of the amount to be paid to the heirs of each deceased (Rs 4 crore each) so as to protect the interest of the heirs and ensure that the compensation is duly received by the heirs and not diverted/misappropriated. The order of disbursement/investment be passed after hearing the heirs of each deceased and appropriate order be passed, protecting the best interest of the heirs of each deceased. Remaining amount of Rs 2 crore will be paid to the boat owner by an account payee cheque.”
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