The Indian Express (Delhi Edition)
SC allows marines to stay in Italy for now
AFTER RECORDING the Centre’s no objection , the Supreme Court Wednesday allowed both Italian marines, who are accused of killing two fishermen off the Kerala coast in 2012, to remain in Italy until India’s jurisdiction to try them is decided.
Additional Solicitor General P S Narasimha told a bench led by Justice Anil R Dave that marine Salvatore Girone was allowed to go back in May and Massimilano Latorre could also be permitted to stay in Italy on imposition of the same conditions.
“We have no objection (to let the second marine stay in Italy too). Our concern was about the jurisdiction of this court when the international tribunal proceeds with the arbitration proceeding. The tribunal has said that this court continues to have jurisdiction over them. There is a sovereign undertaking before the international tribunal,” the ASG told the bench, also comprising Justices Kurian Joseph and Amitava Roy.
Senior advocate Suhail Dutt, appearing for the Italy government and the marines, said they were ready to furnish requisite undertakings and also file affidavits to show their compliance.
K N Balgopal, the senior counsel appearing for Kerala, said that in effect the case was being adjourned sine die, but there should be some order to enable the apex court and parties to remain aware about the arbitration proceedings.
At this, the bench passed the order letting Latorre stay at home till an international tribunal decides whether India has the jurisdictional right to make the marines stand trial here.
It, however, asked the government to submit a report in the court after every three months, apprising it of the progress made at the international tribunal.
In May, the court had modified Girone’s bail conditions and asked him to file an affidavit “accepting and recognising that he remains and shall, even upon his departure from India, continue to remain under the authority of the Supreme Court of India.” This condition, however, may not stand the rigour of the principles on territorial jurisdiction.