Judge slaps stringent conditions on petitioners and asks them to execute a guarantee for Rs. 6 crore
The Kerala High Court on Thursday permitted Italian marines Latorre Massimillano and Salvatore Girone, accused of killing two Indian fishermen off the Kerala coast, to visit home for Christmas, if the Union government accepts Rome’s undertaking that it would ensure their return to India.
The court disposed of the petitions filed by the marines, who are out on bail, seeking permission to visit their families. They also wanted the court to relax the bail conditions that they not leave the Kochi City Police Commissioner's jurisdiction.
Justice P. Bhavadasan said that if the Union government felt that the undertaking given by the Italian Ambassador and Consul-General could be accepted, the bail conditions shall stand modified. The marines could remain in Italy for two weeks from the date of departure (during the Christmas festival). But they should return to India by 3 p.m. on January 10. Their passports shall be released on production of necessary travel documents and on an unconditional undertaking that they would return to India and surrender their passports at 3 p.m. on January 10.
They should also execute a bank guarantee for Rs. 6 crore in court and the Ambassador and the Consul-General should file affidavits to the effect that they would maintain surveillance of the marines during their travel to and stay in Italy and promise that they would be produced in court at or before the time specified by the High Court.
The authorities concerned who were to maintain surveillance shall furnish the Kochi Police Commissioner with their address and mobile phone numbers and their movements in Italy, the judge said.
If the Union government felt that the undertakings by the Italian diplomats were acceptable, it could decide whether permission could be granted and necessary documents provided for their travel.
Dismissing the State government’s contention that the undertaking from the Italian diplomats could not be accepted, the court said the instance of the failure of a French citizen involved in the French espionage case to return to India after going home could not be “stretched to thwart every subsequent such issues, and each case will have to be determined upon its own facts.”
Keywords: Italian marines, Kerala High Court, Christmas festival, Latorre Massimillano, Salvatore Girone
It's a fair decision to let them go home. We actually have no right to even prosecute them because the incident happened in International waters clearly out of our jurisdiction. While they might have killed the fishermen, we really do not know the entire circumstances of what happened and hence the law should take its natural course. It is quite likely that the law will ultimately find nothing that can be held against the Italians, at least not in Indian courts. This step of letting them go home for a short while is actually a step in acknowledging that ultimate eventuality (of setting them free to be tried in Italy), which, sad though it might seem for the dead fishermen, is the right eventuality in the eyes of international law (which India also is signatory to).
Emotionally we might think otherwise and rightly so too for our fellow citizens, but facts and laws being what they are, we need to accept the reality. It has nothing to do with being soft, etc. Just law. No use ranting.
I seriously don't understand what is happening here. It is totally ridiculous. If any Indian was involved in a similar situation, outside India, would he/she be able to take a break in India for festival occasions?
It is obvious that this is a diplomatic face saving gesture. These Italian Marines once
they leave India will not come back. These Europeans have scant respect for Indian
human life as well as for the our judicial system. It is a brutal lesson to us that our
Indian government also cooperates in this charade, by demeaning our worth. The
real tragedy is that our government is totally failing in their constitutional duty to
deliver justice to the families of slain fishermen.
The permission for Italians by High court to go home for christmas came as a real shocker initially at a time the families of killed fishermen are struggling to find justice.
But then when I started reflecting on the past , I thought it was nothing new that the UPA govenment headed by congress was doing. It was the same congress govt which also allowed the CEO of union carbide Warren Anderson escape when the Bhopal gas tragedy was being probed by the court.
It is a one way ticket for the Marines. We do not have the wherewithal
to ensure that Italy sends back the Marines for further trial. Looks
more like a diplomatic compromise.
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