Thread by @barandbench

#SupremeCourt to hear Centre's application to close the criminal trials pending in India against two Italian marines accused of killing two fishermen off the coast of Kerala in 2012.

Solicitor General Tushar Mehta had said the victims’ families have been compensated

SG: You are aware of about the incident. Dispute was who can prosecute the Italian Marines. It was held that trial will be by Govt of Italy. Italian government was directed to compensate the families of those who were killed.

SG: Indians are the best negotiators and we have negotiated a good deal. They have paid 10 crores more. Victims have accepted it now

SG: Italian embassy responded it agreed on the compensation of ₹ 10 crores to be paid as total compensation under all heads. Govt of Kerala in letter dated Nov, 2020, stated that victims would recieve 4 crores and other to the boat owners.

SG: Revised Italian offer over and above ex gratia was acceptable to Govt of Kerala

SG: criminal proceedings are going on. The proceedings have to be closed by you under Article 142

Senior Adv Jaideep Gupta appears appears Kerala: We have accepted the offer. This money should be deposited in #SupremeCourt first before proceedings are quashed as no enforcement mechanism in place

Justice V Ramasubramanian questions the Solicitor-General

Advocate Karthik appears for victim: No amount has been paid yet as per international Tribunal award

SG: yes it has to be deposited still

#SupremeCourt

CJI: We will ask for the amount to be deposited in this court only then we will close the proceedings.

#SupremeCourt

Senior Adv Suhail Dutt: I appear for Italy. We have agreed to 10 crores for all the four heads. How it is distributed is upto Centre

CJI: deposit the amount in this court. We will say Solicitor-General consents to the deposit and then we will disburse it. When will you deposit

Dutt: We were waiting for an account number by MEA

CJI: Republic of Italy states amount of compensation in terms of award passed on May, 2020, will be paid by Italy to India in the particular account specified by MEA. We direct that after such transfer the said amount be deposited in #SupremeCourt within one week thereafter.

CJI: list the matter on April 19.

CJI to SG: I wish you Act with the same speed in other matters too. Here you say 3 days but in other weeks.

SG: I assure you we will. Depends on which ministry we are dealing with.

#SupremeCourt