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The Supreme Court on Monday allowed three weeks time to the Boat Owner and the State Government to file its reply in a plea by Crew Members seeking part share (2 crores) from the Compensation Amount.

A Division bench of Justice Indira Banerjee and Justice JK Maheshwari said that the reply may be filed within 3 weeks and the rejoinder may be filed within one week thereafter.

The bench was hearing a plea filed by seven crew members onboard St Antony who were attacked by Italian Marin, stating that no compensation has been directed to be paid to them, and seeking a stay on the disbursement of Rs. 2 Crore earmarked only for the boat owner.

Earlier, the Supreme Court had directed service of notice upon the boat owner, in addition to a direction to the Kerala High Court not to disburse any amount pursuant to Final Orders dated June 15, 2021.

On June 15, 2021, Supreme Court while closing all the criminal proceedings against Italian Marines in India had directed Rs 10 Crore, received as compensation in Italian Marines Case, to be transferred to the Kerala High Court Registry; Rs 4 Crore to be directed to the victim's family and Rs 2 Crore to the boat owner.

While disposing of the main matter, a vacation bench of Justice Indira Banerjee and Justice MR Shah, had noted,

“We are satisfied with the compensation and the ex-gratia amount paid earlier and find it a fit case to close all proceedings under Article 142 of the Constitution. The Republic of Italy shall resume the criminal proceedings. The amount of Rs 10 crore lying with the Supreme Court registry to be transferred to the Kerala High Court; 4 crores to be given to the deceased victims and 2 crores to the boat owner. A Judge be appointed by the Kerala High Court to ensure that compensation paid to the victims are made available to their legal heirs. The Republic of Italy will continue the proceedings and the State of Kerala will cooperate with the criminal proceedings.”

Whereas, on June 11, 2021, the bench had expressed concerns in the utilization of the compensation amount; 

“4 crore is a very big amount. We need to protect the interest of the victims. There may be inter-family disputes too. We may close these proceedings & transfer the amount to HC & the HC would pass appropriate orders”, Court had previously observed.

A fishing boat ‘St. Antony’ on February 15, 2012 was mistaken for a pirate boat by the Italian mariners. Consequently, two Indian fishermen, Valentine Jalastine and Ajesh Binki were shot dead.

Case Title: Massimilano Latorre & Ors.Versus Union Of India & Ors.