The Supreme Court on Friday said the case of the two Italian marines, who were accused of killing Indian fishermen in 2012 off the coast of Kerala, will only be closed when Italy compensates the families of the victims, Live Law reported. “Want you to pay not reasonable but ‘adequate’ compensation,” the court ruled. “You will bring the cheque here and submit it before this court.”

The Permanent Court of Arbitration at The Hague in the Netherlands had ruled on May 21 that while India was entitled to compensation from Italy for the marines’ killing of Indian fishermen, they cannot be tried in an Indian court. Following this, on July 2, the Centre filed an application in the Supreme Court to withdraw the case against Salvatore Girone and Massimiliano Latorre – the two marines.

Solicitor General Tushar Mehta, appearing for the Centre, urged a bench comprising Chief Justice of India SA Bobde to withdraw the cases as Italy had assured it would criminally prosecute the marines and compensate the families. Mehta added that the marines are now under the public prosecution of Rome. But the court demanded the claim be put on record. “We appreciate that, but you must pay adequate compensation without meddling with it,” it added.

The bench also asked the Centre why the victims’ families were not made party to the case. “Are the victims’ families parties here?” Bobde asked. “We will not pass an order without the victims’ families being heard.” The top court told the Centre to file a fresh plea making the families party to the case within a week.

On July 5, Kerala Chief Minister Pinarayi Vijayan wrote to Prime Minister Narendra Modi, urging the government to make earnest efforts to put international pressure on Italy to provide the Indian side a fair trial in the case. Vijayan called it “shocking” that the marines could not be tried in India. The chief minister requested Modi’s intervention to ensure that justice was provided to the two deceased fishermen.

The case

The Italian marines Salvatore Girone and Massimiliano Latorre had claimed innocence following the shooting, claiming that they thought the fishermen were pirates in international waters. The Supreme Court had allowed the repatriation of Latorre due to a heart attack he faced in 2014. In 2016, the court permitted Girone to return home.

India and Italy had taken the case to the international court in 2015. The main bone of contention between the two countries was Italy’s assertion that India cannot try the marines, as the crime was committed outside Indian territorial waters. India has rejected the claim of the shooting taking place in international waters.

The international court also said in its May 21 ruling that Italy cannot seek compensation for the detention of the marines in India. As India is a signatory to the United Nations Convention on the Law of the Sea, the judgement is binding upon it, and it cannot appeal the verdict.