SC Extends Italian Marine Stay in Italy

The Supreme Court on Tuesday extended the stay of marine Massimiliano Latorre, who along with other marine Salvatore Girone is accused of killing two fishermen off the Kerala coast in 2012, in Italy till September 30.

Published: 27th April 2016 06:43 AM  |   Last Updated: 27th April 2016 06:43 AM   |  A+A-

SupremeCourt_PTI

File Photo | PTI

NEW DELHI: The Supreme Court on Tuesday extended the stay of marine Massimiliano Latorre, who along with other marine Salvatore Girone is accused of killing two fishermen off the Kerala coast in 2012, in Italy till September 30.

The court’s order came after the Centre informed that international arbitration proceedings in the matter would be completed by December 2018.

A bench comprising justices A R Dave, Kurian Joseph and Amitava Roy asked the Italian authority in India to give an undertaking to abide by the conditions under which Latorre was allowed to leave India. The court said a fresh undertaking has to be furnished before April 30 when the earlier extension of his stay comes to an end.

Solicitor General (SG) Ranjit Kumar apprised the bench about the schedule of proceedings fixed before International Tribunal for the Law of the Sea (ITLOS) in Germany. “End of 2018 is when the award will come,” the SG told the bench.

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

The Supreme 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 SG said that all the proceedings will remain stayed in India till the matter is pending in the tribunal. He also said the Government of India is clear that nothing can proceed till the tribunal passes the award.

Senior advocate Soli Sorabjee, appearing for the marine, wanted the extension of Latorre’s stay in Italy till the year-end but the court did not agree with him.

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

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