The Supreme Court on June 15, Tuesday, closed all criminal proceedings pending in India against two Italian marines, accused of killing two Indian fishermen off the Kollam coast in Kerala in February 2012, after a payment of Rs 10 crore compensation by Italy. A vacation bench of Justices Indira Banerjee and MR Shah quashed the First Information Report (FIR) and proceedings emanating from the case against the two Italian marines. The order has now closed the nearly 10-year long case. The court said that as per the international arbitral award accepted by India, the Republic of Italy shall resume further investigation in the case. The court termed the Rs 10 crore compensation paid by the Republic of Italy over and above the payment already made as reasonable and adequate.

The apex court also said that out of the Rs 10 crore compensation, Rs 4 crore each, shall be deposited in the name of heirs of the two deceased Kerala fishermen and Rs 2 crore shall be given to the owner of the boat, in which the fishermen ventured into the sea during the incident. In February 2012, India had accused the two marines on board the MV Enrica Lexie — an Italian flagged oil tanker — of killing two Indian fishermen who were on a fishing vessel in India’s Exclusive Economic Zone (EEZ). The Italian marines were Massimilano Latorre and Salvatore Girone. One of the fishermen was from the Kollam district of Kerala while the other was from the Kanyakumari district of Tamil Nadu.

The top court on June 11 while hearing the application filed by the Union government, that sought to close the criminal cases against the marines after accepting the compensation offered by Italy to the victims, had agreed to close the proceedings against the marines. The SC, in August 2020, had made it clear to the Union government that it would not pass any order on the plea seeking closure of cases without hearing the victims’ families who should be given adequate compensation. The Italian government had offered a compensation of Rs 10 crore.

The  Kerala government, out of the compensation, had proposed to disburse Rs 4 crore, to the dependents of each deceased and Rs 2 crore to the owner of the fishing boat  Antony. Latorre, who had suffered a brain stroke on August 31, 2014, was first granted bail and allowed by the apex court on September 12, 2014 to go to Italy for four months and after that, extensions have been granted to him. In Italy, Latorre underwent a heart surgery after which the top court granted him extension of his stay in his native country. On September 28, 2016, the apex court had allowed Latorre to remain in his country till the international arbitral tribunal decided the jurisdictional issue. On May 26, 2016, Girone was also granted bail with certain conditions and allowed by the top court to go to his country till the jurisdictional issue was decided.