italian marime case law insider in

Justice is guaranteed, even if it is committed by citizens of other nations: SC

By Rishi Patodia-

The apex court in the case involving Italy marines and Indian fishermen said that the case will be withdrawn only when the Italy marines pay compensation to the family of the fisherman.

In the 2012 case involving Italy marines and Indian fishermen, the two Italian marines had shot dead the unarmed Indian fishermen. The two Italian marines are accused of killing two unarmed Indian fishermen off the coast of Kerala on February 15, 2012. The marines had appealed in the Supreme Court against the Kerala High Court’s decision that the marines could be prosecuted in Kerala.

In March 2017, the Supreme Court directed India and the marines to place on record the proceedings of the Arbitral Tribunal under the UN Convention on the Law of the Sea (UNCLOS).

The case was heard in the Hague Based Permanent Court of Arbitration. The said court ruled out that Italian Marines enjoy their immunity and so they cannot be prosecuted in India but that doesn’t mean they will not be prosecuted. So they are entitled to compensate India. The court represented by St. Antony said that, “in connection with loss of life, physical harm, material damage to property and moral harm suffered by the captain and other crew members of the fishing boat that came under fire”.

Therefore on the basis of this, the centre represented by Solicitor General Tushar Mehta pleaded in the apex court that this case should be now withdrawn as Permanent Court of Arbitration has now held the Italian Marines liable and also upon Italy’s assurance of criminally prosecuting the marines.

On this the court said that, “Bring the cheques and the relatives of victims here” and also the centre should send an application to make the families of the victim a party in the present case.

The case was heard by three judge bench of Hon’ble Supreme Court by Chief Justice S. A. Bobde, Justice A. S. Boppanna and Justice V. Ramasubramanium.