CJI Bench recuses itself

Refers Marine’s plea to another Bench

January 12, 2015 01:59 pm | Updated November 16, 2021 06:15 pm IST - New Delhi

A Supreme Court Bench, led by Chief Justice of India H.L. Dattu, on Monday recused itself from hearing a plea by Italian marine Massimiliano Latorre for permission to stay back in his country following heart surgery he underwent on January 5.

Mr. Latorre, along with his colleague Salvatore Girone, is accused of killing two Indian fishermen off the Kerala coast, allegedly mistaking them for sea pirates.

Citing propriety, the Chief Justice referred the case to another Bench of the Supreme Court. The CJI explained that certain “observations” were made by his Bench on an identical application by Mr. Latorre during an earlier hearing on December 16.

In such a scenario, the Chief Justice told Mr. Latorre’s lawyers that it would be better for another Bench to hear the marine’s application afresh. The application was then listed for January 14.

In the December hearing, the Bench led by the CJI had refused Mr. Latorre permission to extend his stay, observing orally that “the Indian victims also have rights.”

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