MASSIMILANO LATORRE AND OTHERS versus UNION OF INDIA AND OTHERS

MASSIMILANO LATORRE AND OTHERS versus UNION OF INDIA AND OTHERS

Because the Annex VII Arbitral Tribunal delivered a binding award dated 21.05.2020 under UNCLOS in which the Republic of Italy agreed to pay INR 100,000,000 (over and above INR 21.7 million already paid) and committed to resume criminal investigation, and because the Union of India, State of Kerala, the heirs of the...

Source-derived case information.

Parties
Petitioner: Massimiliano Latorre; Petitioner: Salvatore Girone; Petitioner: Republic of Italy; Respondent: Union of India; Respondent: State of Kerala; Respondent: Heirs of the deceased fishermen; Respondent: Owner of the boat St. Antony
Jurisdiction
India
Judgment Date
15 June 2021
Procedural Posture
Special Leave Petition (civil) No.20370 of 2012 / Final Disposal by This Court by Order Under Article 142 of the Constitution of India
Outcome
FIR No.2/2012 (re-registered as R.C. No. 04/2013/NIA/DLI) and all proceedings emanating therefrom quashed; all pending matters before this Court disposed of.
Legal Topics
Jurisdiction, Enforcement of International Arbitral Award, State Cooperation in Criminal Investigation, Compensation and Settlement, Quashing of Criminal Proceedings
Criminal Law Constitutional Law International Law Maritime Law Arbitration Jurisdiction Enforcement of International Arbitral Award State Cooperation in Criminal Investigation +2 more

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Parties

Massimiliano Latorre

Petitioner

Salvatore Girone

Petitioner

Republic of Italy

Petitioner

Union of India

Respondent

State of Kerala

Respondent

Heirs of the deceased fishermen

Respondent

Owner of the boat St. Antony

Respondent

Procedural Posture

Special Leave Petition (civil) No.20370 of 2012 / Final Disposal by This Court by Order Under Article 142 of the Constitution of India

Legal Issues

  1. 1 Whether Indian criminal proceedings arising out of the incident of 15.02.2012 should be quashed in view of the Annex VII arbitral award under UNCLOS and the settlement reached between the parties
  2. 2 Whether this Court can exercise powers under Article 142 of the Constitution to quash FIR and close proceedings in the interests of justice where there is an international arbitral award accepted by the parties and compensation deposited
  3. 3 Whether the Republic of Italy will resume its criminal investigation and cooperate with India and Kerala as recorded by the Arbitral Tribunal

Ratio Decidendi

Because the Annex VII Arbitral Tribunal delivered a binding award dated 21.05.2020 under UNCLOS in which the Republic of Italy agreed to pay INR 100,000,000 (over and above INR 21.7 million already paid) and committed to resume criminal investigation, and because the Union of India, State of Kerala, the heirs of the deceased and the boat owner consented to the award and its distribution, the Court, exercising powers under Article 142, quashed the FIR and closed all proceedings in India while directing transfer and distribution of the awarded funds and cooperation among India, Italy and Kerala for investigation.

Court Disposition

FIR No.2/2012 (re-registered as R.C. No. 04/2013/NIA/DLI) and all proceedings emanating therefrom quashed; all pending matters before this Court disposed of.

Orders

  • FIR No.2/2012 of Coastal PS, Neendakara, Kollam, Kerala re-registered as FIR No. R.C. No. 04/2013/NIA/DLI dated 4 April 2013 and all proceedings emanating therefrom including proceedings before the Special Designated Court, Patiala House Courts, New Delhi are quashed
  • Bail-bonds dated 2 June 2012 executed by Chief Master Sergeant Massimiliano Latorre and Sergeant Major Salvatore Girone and their sureties are discharged; original bank guarantees Nos.0071IGFIN000618 and 0071IGFIN000418 are to be released by the Registrar General of this Court