New Delhi: While the Centre has said before the Supreme Court that it was willing to withdraw the case against the two Italian Marines, since Italy has said it will start its own prosecution, the top court bench headed by Chief Justice SA Bobde said that the case is not closed till the court heard the version of the victims.
The bench was hearing a plea by the Centre to close a case related to two Italian marines accused of killing two Indian fishermen off the Kerala coast in 2012, following the decision of the International Tribunal.
Solicitor General Tushar Mehta said: “On July 3, a day after the Permanent Court of Arbitration at Hague ruled that India is entitled to get compensation but cannot prosecute the duo as India had no jurisdiction over them.”
He said that the Centre had submitted before the Supreme Court that it abides by the tribunal’s award. “The related pending matter before the court may be disposed of in accordance with the international court’s ruling,” he suggested.
The bench said: “You accepted the award and have not questioned it anywhere. Now you say that the Italian marines should be given their way to go to their country. There’s a criminal charge being tried. The victim’s families have appeared here.”
The SG said: “The Italian marines have filed a petition seeking quashing of the case here.”
The petitioner counsel said: “Rs 1 crore and 50 lakh compensation each has also been paid to the families of the two fishermen, Ajesh Binki and Valentino.”
The SG said that the government was in favour of withdrawing prosecution in India, because Italy was ready to prosecute two Marines.
That was when the bench said that it will not pass any orders without hearing the family of the two victim fishermen. “First let Italy pay them the compensation. Only then we’ll allow withdrawal of prosecution.”
The bench said: “Bring the cheques and the kin of the victims here. We cannot think of any relief for Marines till their prosecution is not withdrawn in the Kerala court.”
The SG said: “We are willing to file a petition for withdrawing prosecution of the two marines.”
The CJI said: “But the family of victims will have a problem. They will have to be heard.”
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As SG apprises the bench of the central issue involved in the case, the matter was adjourned.
– India Legal Bureau