Marines case: SC to hear Girone's plea to go to Italy on May 26

The Supreme Court today agreed to hear on May 26 the plea of Salvatore Girone, one of the two Italian marines accused of killing two fishermen off Kerala coast, seeking relaxation in bail terms to enable him to go to his country till an International Arbitral Tribunal decides the jurisdictional dispute between India and Italy.

A vacation bench comprising Justices PC Pant and DY Chandrachud fixed the plea for hearing on Thursday when Additional Solicitor General (ASG) Pinky Anand, appearing for the Centre, said the government does not object if conditions are relaxed on the same lines as was done in the case of another marine Massimiliano Latorre.

Latorre is already in Italy on health grounds and his stay there has recently been extended by the apex court till September 30 this year.

The marine, who presently is in the custody of the apex court and residing in Italian embassy here, has said that he be allowed to go back to his native place till the arbitral panel decides the jurisdictional aspect in the matter.

Italy and India have been making contrary claims over the right to prosecute the two Italian marines in the case.

"Relax the bail conditions, in terms described ..., on Sergent Major Salvatore Girone, as contained in the Hon'ble Court's consequential order dated January 18, 2013 modifying the Kerala High Court order of May 30, 2012 to enable him to return to Italy until a final decision by the Annex VII Arbitral Tribunal on the merits of the case that finds that India has jurisdiction over him in respect of the 'Enrica Lexie' incident," Girone said in his fresh plea.

The plea, filed through lawyer Jagjit Singh Chhabra, has also sought a direction that Ministry of Home Affairs and the Foreigners Regional Registration Office be asked to provide him with the "necessary residential permit and exit visa".

Girone has also said the authorities at the Indira Gandhi International Airport including the Bureau of Immigration and the concerned CISF and other security authorities be apprised of the court's direction that he can leave India.
At the outset of the hearing, the bench posed a query as

to how it can hear the plea for relaxation of bail terms when the case has been heard by a three-judge bench.

"The bail order was initially passed by a two judge bench and hence, the present plea can also be heard by a two judge bench," the ASG said.

The submisison was reiterated by the counsel for Girone also.

The law officer also said the international arbitration proceedings is expected to decide the jurisdictional issue "expeditiously" and the marine can be be allowed to leave on the terms which was imposed on Lattore.

Earlier, the apex court on April 26, had extended the stay of Latorre in Italy till September 30.

The court was informed by the Centre that international arbitration proceedings in the matter would be completed by December 2018.

Solicitor General (SG) Ranjit Kumar had apprised the bench about the schedule of proceedings fixed before International Tribunal for the Law of the Sea (ITLOS) in Germany.

The apex court had on January 13 asked the Centre to apprise it of the status of international arbitration proceedings in the case.

The court had earlier stayed all criminal proceedings, including the trial of the two marines.

While allowing the joint request of India and Italy, the apex court had said the proceedings would remain stalled till the jurisdictional issue about which country has the right to conduct trial was decided through international arbitration.

The marines, who were on board ship 'Enrica Lexie', are accused of killing two Indian fishermen off the Kerala coast on February 15, 2012.

The apex court had on August 26, 2015 suspended all court proceedings here in pursuance of an interim order of the ITLOS asking India to maintain "status quo" in the case.

Latorre, who had suffered a brain stroke on August 31, 2014, was allowed by the apex court on September 12, 2014 to go to Italy for four months and after that, extensions have been granted to him.

The complaint against the Italian marines was lodged by Freddy, the owner of the fishing boat 'St Antony', in which the two Indian fishermen were killed when the marines opened fire on them allegedly under the misconception that they were pirates.