Summary
Following the UNCLOS arbitral award concerning the Enrica Lexie incident, Italy deposited Rs.10 crore in addition to earlier ex gratia payments, and the governments, victims' heirs and boat owner accepted the resolution. Exercising Article 142, the Supreme Court closed the Indian proceedings, quashed the FIR and consequential criminal case, discharged bail bonds and released guarantees. Italy was to resume its investigation with Indian and Kerala cooperation. The compensation was allocated as Rs.4 crore for each deceased fisherman's heirs and Rs.2 crore for the boat owner, with protective disbursement arrangements.
Issues
- Whether the accepted international award, compensation deposit and commitment to investigation justified closing the Indian proceedings under Article 142.
- How compensation should be disbursed to protect the victims' heirs.
Provisions considered
- Article 142, Constitution of IndiaThe Court used its complete-justice power to close these particular proceedings in light of the accepted award, deposited compensation and Italy's commitment to resume criminal investigation. (¶¶ 4, 5.1, 6, 7)
Held
- The accepted resolution and Rs.10 crore deposit, additional to prior ex gratia payments, reasonably protected the victims' interests and justified closing Indian proceedings in these circumstances. This was not a general ruling that compensation extinguishes criminal liability. (¶¶ 3, 4, 5.1, 6)
- The FIR as re-registered by NIA and all consequential proceedings were quashed. Bail bonds and sureties were discharged, guarantees ordered released, and the identified pending Supreme Court matters disposed of without costs. (¶¶ 7(a), 7(b), 7(c), 7(d))
- Italy was to resume the criminal investigation into the incident, with cooperation among Italy, the Union and Kerala; closure of the Indian case did not amount to an adjudication acquitting the marines on the merits. (¶¶ 6, 7(e))
- The Registry was to transfer Rs.10 crore to the Kerala High Court: Rs.4 crore for each deceased's heirs, subject to protective disbursement or investment orders after hearing them, and Rs.2 crore to the boat owner by account-payee cheque. (¶¶ 6, 8)
Result
Indian proceedings closed under Article 142, FIR and consequential criminal proceedings quashed, bonds discharged and guarantees released. Italy to resume investigation with cooperation; deposited compensation distributed under the specified safeguards.