SC Accepts Compensation, Quashes Criminal Case Against Italian Marines In Enrica Lexie Case

WHAT DID THE COURT SAY

• The SC quashed the criminal cases against the Italian Marines and accepted the compensation.
• The compensation of Rupees 10 Crore was accepted by the Supreme Court and transferred to the Kerala High Court.
• The two Italian Marines involved were Massimilano Lattore and Salvatore Girone.
• The SC requested the Chief Justice of the Kerala High Court to nominate a judge to pass an order that would ensure the protection of the interests of the heirs.

BACKGROUND

• The incident took place on 15 February 2012 near the Kerala coastline.
• The fishing boat ‘St Anthony’ passed the Italian tanker ‘Enrica Lexie’.
• The two Marines on the ship thought that St Anthony was a pirate ship and fired at it.
• This resulted in the death of the two fishermen, Valentine Jalestine and Ajesh Binki.

LATEST DEVELOPMENTS

• The Permanent Court of Arbitration under the United Nations Convention of Law of Seas had stated that India was entitled to compensation for the death of the two fishermen.
• However, the International Tribunal opined that since the Marines had sovereign immunity, India could not file a criminal case against them.
• The Solicitor General had hence asked the Court to drop the charges under Article 142 of the Constitution.
• The Court had then asked the Republic of Italy to transfer the compensation amount.

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