Case Note & Summary
The dispute arose from an incident on 15 February 2012, where two Indian fishermen were killed off the coast of Kerala after being fired upon from the Italian vessel M.V. Enrica Lexie. An FIR was registered against two Italian Marines for offences under the Indian Penal Code and the Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002. The Italian Marines and the Republic of Italy challenged the jurisdiction of Indian authorities through writ petitions, but the High Court upheld the jurisdiction. Subsequently, the parties invoked the dispute resolution mechanism under the United Nations Convention on the Law of the Sea (UNCLOS), leading to an arbitral award on 21 May 2020. The award required Italy to pay compensation and resume criminal investigation into the incident. In the Supreme Court, the Union of India filed an application seeking disposal of proceedings in conformity with the award. All parties, including the Republic of Italy, Union of India, State of Kerala, and the heirs of the deceased fishermen, agreed to accept the award. The Court considered the long-drawn dispute and the compensation of Rs. 10 crores deposited by Italy, over and above ex-gratia payments already made. The legal issue was whether the criminal proceedings should be quashed in light of the arbitral award and settlement. Arguments centered on the implementation of the award and the mutual agreement to settle. The Court analyzed the powers under Article 142 of the Constitution of India, emphasizing the interest of justice and the victims. It noted that the arbitral award provided a reasonable compensation and Italy's commitment to investigate. The Court held that it was a fit case to quash all proceedings, including the FIR and bail bonds, to bring closure. It directed the disbursement of compensation with protective measures, such as investment in fixed deposits, to safeguard the heirs' interests. The decision favored the accused in quashing proceedings, based on the settlement and arbitral award.
Headnote
A) Constitutional Law - Article 142 - Quashing of Criminal Proceedings - Constitution of India, 1950, Article 142 - The Supreme Court considered quashing criminal proceedings against Italian Marines for the killing of Indian fishermen, based on an arbitral award under UNCLOS and compensation agreement - Held that in exercise of powers under Article 142, all proceedings including FIR and bail bonds are quashed, as the award provided compensation and Italy committed to resume criminal investigation, with all parties agreeing to settle (Paras 6-7). B) International Law - UNCLOS Arbitral Award - Implementation and Compensation - United Nations Convention on the Law of the Sea, 1982, Annex VII - The Arbitral Tribunal under UNCLOS delivered an award requiring Italy to pay compensation and resume investigation into the incident - The Supreme Court directed disposal of proceedings in conformity with the award, noting Italy deposited Rs. 10 crores and all parties accepted the award (Paras 3-6). C) Criminal Procedure - Quashing of FIR and Proceedings - Indian Penal Code, 1860, Sections 302, 307, 427, 34; Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002, Section 3 - Criminal proceedings were initiated against Italian Marines for offences including murder - The Court quashed the FIR and all related proceedings, including those before the Special Designated Court, based on the arbitral award and settlement (Para 7). D) Compensation Law - Disbursement and Protection of Victims' Interests - Not mentioned - The Court ordered disbursement of Rs. 4 crores to heirs of each deceased fisherman and Rs. 2 crores to boat owner, with amounts to be invested in fixed deposits in nationalised banks to protect interests - This was based on agreement between parties and the arbitral award (Paras 6-7).
Issue of Consideration
Whether the criminal proceedings against the Italian Marines should be quashed in light of the UNCLOS Arbitral Tribunal award and the agreement between all parties, including payment of compensation
Final Decision
The Supreme Court quashed all criminal proceedings including FIR No.2/2012 and related cases, discharged bail bonds, released bank guarantees, and disposed of all pending matters with no costs, directing disbursement of compensation to heirs with protective investments
Law Points
- Exercise of powers under Article 142 of the Constitution of India to quash criminal proceedings in the interest of justice
- Implementation of international arbitral awards under UNCLOS
- Settlement of disputes through compensation and mutual agreement
- Protection of victims' interests through investment of compensation
