The Supreme Court on Thursday directed the Kerala high court to not disburse the amount of ₹2 crore earmarked for the owner of the fishing vessel ‘St Antony’, which was attacked by two Italian marines aboard the Italian flagship Enrica Lexie in February 2012 after seven crew members demanded their share from his compensation. Two Indian fishermen were killed in the incident.
On June 15 this year, the Supreme Court closed all proceedings in India against the Italian marines, Massimiliano Latorre and Salvatore Girone, after being informed that compensation of ₹10 crore for the families of the victims has been deposited in the registry of the top court. The case was then transferred to the Kerala high court so that disbursement could be properly monitored.
India accused the two marines on board the MV Enrica Lexie -- an Italian flagged oil tanker -- of killing the two Indian fishermen who were on a fishing vessel in India’s Exclusive Economic Zone (EEZ) in February 2012. The owner of the fishing boat ‘St Antony’, in which two Kerala fishermen were killed when the marines opened fire on them allegedly under the misconception that they were pirates, filed the complaint against the Italians.
In April, the Centre informed the Supreme Court that the families of the two deceased fishermen have been “adequately” compensated and sought expeditious closure of proceedings before the top court and a criminal trial pending before a special court in Delhi.
{{/usCountry}}In April, the Centre informed the Supreme Court that the families of the two deceased fishermen have been “adequately” compensated and sought expeditious closure of proceedings before the top court and a criminal trial pending before a special court in Delhi.
{{/usCountry}}The Centre’s compliance affidavit dated January 5 said the Italian government offered to pay a total of ₹10 crore in damages. The deceased fishermen’s families have agreed to compensation of ₹4 crore each in addition to the ₹2 crore already paid by the Italian government. The injured owner of the boat also consented to receive damages of ₹2 crore.
The payout was part of an Arbitral Award of May 21, 2020, passed by the Arbitral Tribunal, set up under the 1982 United Nations Convention on the Law of the Seas (UNCLOS). This required India to close criminal proceedings against the two Italian marines while Italy was asked to continue with the proceedings.
On Thursday, advocate Manish Dembla, appearing for the seven crew members who were onboard St Antony when the marines attacked it, submitted that no compensation has been directed to be paid to them, and sought a stay on the disbursement of ₹2 crore earmarked for the boat owner.
“While directing the apportionment of compensation in the order (of June 15), the moral harm suffered by the captain and other crew members of St Antony has escaped the attention of the Supreme Court, perhaps, on account of the fact that crew members were not represented in the hearing,” said the application.
The seven fishermen also wrote to the Kerala government to get their share out of the ₹2 crore payable to the boat owner. On June 24, Kerala’s Additional Chief Secretary said this was not possible as the order of the Supreme Court did not record their entitlement.
Appearing for the Centre, Solicitor General Tushar Mehta suggested that the applicants be sent to the Kerala high court, which is considering the aspect of apportionment.
Hearing the matter, a division bench comprising Justice Indira Banerjee and Justice V Ramasubramanian, said that if the compensation is being sought out of the compensation to be paid to boat owners of St Antony, they need to be made a party. The court also issued a notice to the boat owner to ascertain whether the seven fishermen were employed with St Antony.
“The notice of this application be given to the boat owner and in the meanwhile, we request the Kerala High Court not to disburse any amount to the boat owner in terms of the June 15, 2021 order,” the bench said.