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SC to hear marine's plea on returning to Italy
Two countries have agreed to arbitration by UN court
The Supreme Court on Monday agreed to consider a plea by Salvatore Girone, one of the two Italian marines accused of killing two fishermen off the Kerala coast in 2012. Girone pleaded for relaxing bail conditions to allow him to go to his native country.
A vacation bench of Justices P C Pant and D Y Chandrachud fixed May 26 for hearing the application filed by Girone, even as the Union government said it had no objection to the plea.
Girone, who is staying in the Italian embassy here, sought permission to go to his country till the International Arbitral Tribunal decided Italy’s plea challenging jurisdiction of India in the matter. The two countries have agreed to arbitration by the UN court.
Additional Solicitor General Pinky Anand, appearing for the Centre, submitted that the Union government would have no objection if conditions were relaxed on similar lines, as was done in the case of another marine, Massimiliano Latorre.
Permission to go to Italy
Latorre was granted permission to go to Italy on health grounds and his stay has recently been extended by the apex court till September 30.
Anand also submitted that the instant plea filed by Girone can be decided by the two-judge bench since the initial bail order was passed by the coordinate bench.
Her response came to the query posed by the court if the application could be decided by the two-judge bench since the matter was being heard by a three-judge bench.
On August 26 last year, the court had suspended all proceedings here in pursuance of an interim order of the ITLOS (International Tribunal for the Law of the Sea) asking India to maintain “status quo” in the case.
According to the The Hague Court of Arbitration decision, Italy and India were asked to cooperate in defining the conditions and the ways with which to regulate Girone’s return and permanence in Italy, while awaiting the decision of the arbitration proceeding on the dispute over the jurisdiction on the ship, Enrica Lexie.
A vacation bench of Justices P C Pant and D Y Chandrachud fixed May 26 for hearing the application filed by Girone, even as the Union government said it had no objection to the plea.
Girone, who is staying in the Italian embassy here, sought permission to go to his country till the International Arbitral Tribunal decided Italy’s plea challenging jurisdiction of India in the matter. The two countries have agreed to arbitration by the UN court.
Additional Solicitor General Pinky Anand, appearing for the Centre, submitted that the Union government would have no objection if conditions were relaxed on similar lines, as was done in the case of another marine, Massimiliano Latorre.
Permission to go to Italy
Latorre was granted permission to go to Italy on health grounds and his stay has recently been extended by the apex court till September 30.
Anand also submitted that the instant plea filed by Girone can be decided by the two-judge bench since the initial bail order was passed by the coordinate bench.
Her response came to the query posed by the court if the application could be decided by the two-judge bench since the matter was being heard by a three-judge bench.
On August 26 last year, the court had suspended all proceedings here in pursuance of an interim order of the ITLOS (International Tribunal for the Law of the Sea) asking India to maintain “status quo” in the case.
According to the The Hague Court of Arbitration decision, Italy and India were asked to cooperate in defining the conditions and the ways with which to regulate Girone’s return and permanence in Italy, while awaiting the decision of the arbitration proceeding on the dispute over the jurisdiction on the ship, Enrica Lexie.
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(Published 23 May 2016, 20:08 IST)
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