Dramatic Twists Of Enrica Lexie-Italian Marines Case : A Time Line Of 9 Years

The highly sensational Enrica Lexie -Italian Marines case relating to the killing of two Indian fishermen in a sea-firing incident nine years ago, which at one point sparked off diplomatic frictions between India and Italy, has attained a peaceful burial, at least as far as local proceedings are concerned.The Supreme Court today quashed the criminal cases against the two Italian Marines --Massimilano Latorre and Salvatore Girone -accepting the additional compensation of Rupees 10 crores offered by the Republic of Italy to the victims of the 2012 sea-firing incident which took place near Kerala coast.The Government of India urged the Court to invoke the extraordinary power under Article 142 of the Constitution to quash the criminal cases against Marines, as the international tribunal under the United Nations Convention on Law of Seas had ruled that India lacks the jurisdiction to criminally prosecute them. The Union Government told the Court that it has decided to accept the international award and also Italy's offer to pay additional compensation of Rupees 10 crores to the victims.The case has witnessed dramatic twists and turns, and even became an election issue in the 2014 Lok Sabha polls, with the then PM-candidate Narendra Modi accusing the the Central Government of failing to protect the interests of Indian victims against Italian authorities.Here is a brief time-line of the case:February 15, 2012A fishing boat 'St. Antony' set sail from Neendakara harbor in Kollam district in Kerala.At about 4.30 PM, at a distance of about 20.5 nautical miles from the coastline, the boat happened to pass "Erica Lexie", a tanker flying the Italian Flag. Two marines aboard the ship - Massimilano Latorre and Salvatore Girone - mistook 'St Antony' for a pirate boat, and opened fire at it. This resulted in the death of two fishermen - Valentine Jalastine and Ajesh Binki.February 16, 2012Enrica Lexie continued its sail, as if nothing happened. When the vessel had proceeded about 38 nautical miles on the High Seas towards Djibouti, it received a message from the Maritime Rescue Co - ordination Centre, Mumbai, asking it to return to Cochin Port to assist with the enquiry into the incident. Responding to the message, the ship altered its course and came to Cochin Port on 16th February, 2012. Upon docking in Cochin, the Master of the vessel was informed that an First Information Report (FIR) had been lodged with the Circle Inspector, Neendakara, Kollam, Kerala, under S.302 read with S.34 of the Indian Penal Code (IPC) in respect of the firing incident leading to the death of the two Indian fishermen.February 19, 2012Two marines were arrested by the Circle Inspector of Police, Coastal Police Station, Neendakara, Kollam, from the vessel.February-March 2012Admirality Suits are filed in the Kerala High Court by the heirs of the deceased fishermen seeking compensation from the vessel 'Enrica Lexie'.'Enrica Lexie' files writ petition in the High Court seeking permission to continue the voyage. A single bench allows the writ petition, permitting the vessel to continue its voyage. Doramma, wife of late Jalestine, challenges the single bench order before division bench. Division Bench sets aside the single bench order and asks the vessel to approach the jurisdictional magistrate under Section 457 CrPC seeking permission to travel.Enrica Lexie approaches Supreme Court against the Division Bench order.April 2012The admirality suits filed by the heirs of the deceased and the victims reach out-of-court settlement, with Republic of Italy offering compensation to them. The family members of the deceased -- Valentine Jalastine and Ajesh Binki - reached a compromise with Italian authorities and each accepted Rs one crore compensation. The owner of the boat, Freddie, also settled his compensation suit accepting Rupees 17 lakhs from the ship authorities.Republic of Italy files writ petition before the Supreme Court under Article 32 challenging the criminal jurisdiction exercised by India against the Marines.May 2012Supreme Court allows Enrica Lexie to leave India, with the remaining crew(other than the two accused Marines). The Court asked the owner of the vessel to execute a bond of Rupeees 3 crores before the High Court of Kerala undertaking to produce the vessel and ensure the appearance of the crew as and when called by the police or the trial court. Republic of Italy assured the Supreme Court that it if the need for the presence of the remaining crew arises during the investigation or the trial, it will ensure the same.(Order date 02.05.2012 in C.A 4167/202 by bench comprising Justices RM Lodha and HL Gokhale).January 2013A division bench of the Supreme Court comprising Justices Altamas Kabir and J Chelameswar delivers in the case Republic of Italy and others vs Union of India and others(WP(c) 135/2012).India's criminal jurisdiction over the Marines was upheld. The Court did not accept Italy's argument of sovereign immunity. At the same...

Dramatic Twists Of Enrica Lexie-Italian Marines Case : A Time Line Of 9 Years

Manu Sebastian

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