REPUBLIC OF ITALY V. UNION OF INDIA AND ORS

Citation – 4SCR. 595

Court: Supreme Court of India

Bench: The case was decided by a vacation bench of Justices Indira Banerjee and M.R. Shah in June 2021

Date: The Supreme Court passed the key order on June 15, 2021

Facts

1. On February 15, 2012, the Italian vessel “Enrica Lexie,” on anti-piracy patrol, encountered the Indian fishing boat “St. Antony” about 20.5 nautical miles off the Kerala coast (within India’s contiguous zone).
2. Italian marines Massimiliano Latorre and Salvatore Girone mistook the boat for a pirate vessel and opened fire, killing two Indian fishermen: Valentine Jelastine and Ajesh Binki.
3. The fishing vessel had nine other crew members whose lives were endangered, and some damage was caused to the vessel.
4. After the shooting, the “Enrica Lexie” was intercepted by the Indian Coast Guard near the Lakshadweep Islands and instructed to dock at Kochi port for investigation.
5. Indian authorities arrested the two marines and charged them under various sections of the Indian Penal Code, including murder.
6. Italy and India disputed jurisdiction, with Italy claiming immunity for its marines based on international law.

Issues

1. Before the CourtWhether criminal proceedings against the Italian marines should continue in India.
2. Whether the marines were entitled to immunity from Indian criminal jurisdiction.
3. Disbursal of compensation to victims’ families as per international arbitral tribunal award

Questions of Law

1. Whether India could exercise criminal jurisdiction over foreign marines accused of killing fishermen in India’s Exclusive Economic Zone (EEZ).
2. Whether India was bound to cease prosecution based on international arbitration award under UNCLOS.
3. Applicability of sovereign immunity to military personnel acting in official capacity aboard a foreign-flagged commercial vessel

Arguments of Petitioner (India)

India urged closure of proceedings in light of the international tribunal ruling ordering cessation of criminal jurisdiction over the marines.

India emphasized that compensation approved by Italy must be disbursed to the fishermen’s families and boat owners.

Arguments of Respondent (Italian Marines/Italy)

Italy assured criminal trial of the marines would be conducted domestically.

Italy agreed to pay compensation of Rs. 10 crore to victims’ families and fishing vessel owner

Held by Court

1. The Supreme Court quashed all criminal proceedings pending against the Italian marines in India under Article 142 of the Constitution, which allows passing orders necessary for complete justice.
2. The Court directed disbursal of Rs. 10 crore compensation to heirs of fishermen and the owner of the fishing boat St. Antony.
3. Closure was aligned with the international arbitral tribunal award and Italy’s commitment to prosecute the marines domestically.
4. The Court emphasized this order was a settlement and not a judgment on merits of the case

Ratio Decidendi

1. The Supreme Court factored the international arbitral tribunal’s award, diplomatic assurances, and compensation agreement into its decision to quash proceedings
2. The extraordinary jurisdiction under Article 142 was exercised for settlement and complete justice.
3. It recognized the practical importance of international comity and resolving long-running disputes in the interests of justice and bilateral relations.