The Central Government informed the Supreme Court on 11th June, Friday, that it had deposited Rs 10 crore with the Supreme Court as reimbursement to the family members of the two Kerala fishermen who were shot dead by two Italian Marines aboard the Enrica Lexie ship in 2012, in lieu of the closing of criminal cases against the two service members in India.
After hearing Solicitor General Tushar Mehta's statement that compensation of Rs 10 crore had been deposited with the Court for payout to the victims, Justice Indira Banerjee and Justice MR Shah postponed the verdict to June 15.
The Court was asked by the Central Government and Italy to terminate all procedures and establish the issue of payout in its final ruling. The final order will be issued on Tuesday, June 15th, according to the Bench.
The Panel was hearing a request from the Centre to terminate the criminal charges against two Italian Marines in India after acknowledging Italy's offer of Rs 10 crores in compensation to the victims of the 2012 sea-firing incident in international waters off the coast of Kerala.
At the commencement of the hearing, Mehta, who was representing the Centre, told the Bench that the Kerala government would have to decide how the total amount would be distributed. "The money has been transferred. An award was made by an international tribunal, which we as a nation accepted. Italy, India's government, and Kerala have reached an agreement "Mehta explains.
In accordance with the International Arbitral Award, criminal proceedings sitting in a Delhi court must also be dismissed, according to an advocate representing the Republic of Italy.
According to Mehta, Kerala is claiming that people who were not injured but were on board should be reimbursed as well. He further stated that we have no objections that Kerala can look into in terms of how the amount should be distributed. Kerala's senior lawyer, KN Balagopal, said that the victims were verified so that compensation could be provided. Mehta informed the Bench that the International Tribunal had decided to initiate criminal proceedings in Italy.
The Solicitor General delivered the relevant parts of the Tribunal's order, which said that India was barred from exercising jurisdiction over the Marines. According to Mehta, India was determined to be entitled to compensation for loss of life, moral harm, and other damages.
As a caveat, the marines can't be shielded here since both the Union of India and the Government of Kerala have recognised the Tribunal's award, Mehta said, contributing that the marines can't be safeguarded here since both the Union of India and the Government of Kerala have acknowledged the Tribunal's award. Mr Mehta further stated that the reimbursement attained under this clause is Rs 10 crore. Another condition stated that India would relinquish its authority to prosecute criminally and that Italy would do it instead.
According to Advocate C Unnikrishnan, who is representing the widow of one of the murdered fishermen, the victims' families will receive Rs 4 crores each, while the boat owner would receive Rs 2 crore. The Bench said that Rs 4 crore is not a small sum and that suitable measures must be taken to ensure that the money is not wasted.
The cash can be deposited in interest-bearing bank accounts for slow withdrawal and accrual of suitable interest, according to the Solicitor General. The Bench then inquired as to how the Rs 4 crores to be paid to the families of the dead will be invested.
One of the deceased widows' lawyer testified that the money was initially deposited in a Fixed Deposit account. He stated that because the children are now adults, the money might be given as a demand draught.
The Kerala government informed the Supreme Court that money should be provided to the victims when a reasonable amount of time has passed. Until this court intervened, they had nothing. After the tragedy, there was a lot of animosity in the state. They are, however, now satisfied. Disbursement is handled by the state. He went on to say that the heirs' preliminary investigation had been completed. The incident occurred in 2012, and they have been denied any advantage, he continued. This sum belongs to them in terms of a payout, and it may be retained in a Fixed Deposit for a while, but it must be handed to them.
The highest court's bench responded that the money might be deposited for a period of time, with interest, and then handed to them later. It was also suggested that the funds be entrusted to the Kerala High Court, which would oversee the disbursement of funds to the victims.
