Supreme Court extends marine’s stay in Italy by six months

Court seeks response from the Centre on a fresh plea by Italy that it has invoked international arbitration against India’s jurisdiction to try the marines.

The Supreme Court on Monday allowed Italian marine Massimiliano Latorre, who along with a colleague is accused of killing two Indian fishermen three years ago, to stay in Italy for six more months on medical grounds, after the government did not object to his plea.

A bench headed Justice A.R. Dave also sought response from the Centre on a >fresh plea by the Italian government that it has invoked international arbitration against alleged territorial jurisdiction of India to try its marines — Latorre and Salvatore Girone, for the offence of homicide.

Additional Solicitor-General (ASG) P.S. Narasimha, appearing for the Centre, told the bench that India, being a signatory to the International Convention, would participate in these arbitration proceedings.

The ASG also said that India had jurisdiction as the alleged offence had taken place in the Indian waters.

The bench, which also comprised Justices Kurian Joseph and Amitava Roy, asked Latorre to file an undertaking that he would abide by its conditions within a week and ordered that the six-month extension would start from July 15, 2015.

It asked the government to file its reply to the fresh plea of Italy within two weeks and gave two weeks after that to the Italian government to file a rejoinder, if any.

On April 9, the court had >allowed Latorre to remain in Italy for three more months till July 13 on medical grounds.

It had also asked senior advocates Soli Sorabjee and K.T.S. Tulsi, appearing for the marine, not to delay the hearing of the petition by which the jurisdiction of the National Investigation Agency to probe the case has been challenged.

Mr. Tulsi had said the plea challenging NIA’s right to probe the deaths was filed as the Centre, in an affidavit, had said that the Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act (known as SUA Act) does not apply in the case.

Latorre, who had suffered a brain stroke on August 31, 2014 was allowed by the apex court on September 12 the same year to go to Italy for four months.

The case against Latorre and Girone pertains to the killing of two Indian fishermen allegedly by the marines on board ship Enrica Lexie off Kerala on February 15, 2012.