Italian marine's plea to be heard by other bench, says CJI

Italian marine Massimilano Latorre's plea seeking extension of his stay in Italy in wake of his heart surgery will now be heard by another bench as Chief Justice H.L.Dattu Monday said that the bench headed by him had already declined the same plea Dec 16.

"We have expressed some reservation on the application (seeking extension of stay by Latorre). The present application has been filed by the petitioner (Latorre) seeking more or less the same relief. Having made some observation, it might not be proper for us to take up the application. List before some other bench," said a bench of Chief Justice Dattu and Justice A.K.Sikri.

Hearing the plea Dec 16, the CJI had said: "Sorry, we can't entertain the application."

Recalling its earlier observation declining the plea by chief master sergeant Latorre seeking extension of his stay in Italy as he was to undergo heart surgery, the court Monday said that after giving "some thought to the issue, we think let it go to some other bench".

Its stand came after senior counsel Soli Sorabjee addressed the court on Latorre's application.

Besides Latorre's plea, the court had Dec 16 also declined the plea of the other marine - Salvatore Girone - seeking to travel to Italy to celebrate Christmas with his family.

Both Latorre and Girone are accused of killing two Indian fishermen off Kerala coast February 2012 allegedly mistaking them for pirates.

The apex court Sep 12, 2014, allowed Latorre to go back to Italy for four months for treatment, recovery and rehabilitation after he suffered a brain stroke.

Latorre Jan 7 had urged the apex court to extend his stay in Italy as he had undergone heart surgery Jan 5.