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  India   Italian marine’s bail plea: Supreme Court seeks Centre’s reply

Italian marine’s bail plea: Supreme Court seeks Centre’s reply

Published : Sep 21, 2016, 2:15 am IST
Updated : Sep 21, 2016, 2:15 am IST

The Supreme Court on Tuesday sought the response of the Centre on a fresh petition filed by Italian marine Massimiliano Lattore seeking permission to relax the bail condition and to extend his stay in

The Supreme Court on Tuesday sought the response of the Centre on a fresh petition filed by Italian marine Massimiliano Lattore seeking permission to relax the bail condition and to extend his stay in Italy. The court had earlier allowed him to go to Italy on medical grounds and this order expires on September 30. A three judge Bench of Justices Anil R. Dave, Kurian Joseph and Amitav Roy sought the response in one week and posted the matter for further hearing on September 28. Earlier counsel for Lattore wanted the court to modify the bail conditions on the same terms as the one passed for another marine — Girone.

Additional solicitor-general P.S. Narasimha informed the SC that the Centre has no objection for modification of Latorre’s bail conditions of marine Massimiliano Latorre to enable him remain in that country till an international tribunal decided which country had the right to try the case of killing of two Indian fishermen. The ASG submitted that arbitral proceedings would take a year or two to complete, and even the international tribunal has made it clear that the two marines are subject to the jurisdiction of the Supreme Court of India which can take a call on granting bail.

Senior advocate Rana Mukherjee, appearing for the families of the two Kerala fishermen who were killed, objected to the hearing of the plea saying that there should not be any blanket order of relief as there was no scope that the proceedings before the international tribunal would be completed before 2019. He said the marines, who were on board the Italian-flagged commercial oil tanker ‘Enrica Lexie’, are accused of killing two Indian fishermen, off Kerala coast, on February 15, 2012.

While relaxing Mr. Girone’s bail conditions on May 26, the apex court had allowed him to go to his country till the jurisdictional issue between India and Italy was decided in the international arbitral tribunal.

The apex court had imposed four conditions on Mr. Girone, including that he has to report to a police station in Italy on first Wednesday of every month and the Italian authorities have to inform the Indian Embassy in Rome about it; he will not tamper with any evidence, nor influence any witness in the case; he will give an undertaking that he will remain under the jurisdiction of Supreme Court and lastly, if found violating any of the conditions, his bail will be cancelled. The bench posted the matter for further hearing on September 28.

Location: India, Delhi, New Delhi