NEW DELHI: The Supreme Court on Thursday relaxed the bail conditions of Salvatore Girone, one of the two Italian marines accused of killing two fishermen of the Kerala coast in 2012, and allowed him to go to Italy till the International Arbitral Tribunal decides the jurisdictional issue between India and Italy.
The other marine, Massimiliano Latorre, is already in Italy on health grounds and his stay there was recently extended till September 30. A Vacation Bench of Justices P C Pant and D Y Chandrachud sought a fresh undertaking from the Italian Ambassador stating that if the International Arbitral Tribunal (IAT) decides in India’s favour, he would be responsible for bringing back the marine within a month.
The court has imposed several conditions on the marine, which includes that he has to report to the police in Italy on the first Wednesday of every month and the Italian Embassy has to inform the Indian Embassy in Rome about the matter. The order also states that the marine will not tamper with any evidence or influence any witness in the case. He will also give an undertaking that he will remain under the jurisdiction of the Supreme Court and if found violating any of the conditions imposed, the bail will be cancelled.
During the hearing, Additional Solicitor General (ASG) P S Narasimha said that the Centre has no objection to the application moved by Girone if he complies with the conditions.
“We support the application on humanitarian grounds subject to his compliance with the conditions imposed by the court,” the ASG said.
Girone, who presently is in the custody of the SC and residing in Italian embassy here, had approached the court seeking a direction that the Ministry of Home Affairs and the Foreigners Regional Registration Office be asked to provide him with the necessary residential permit and exit visa. Italy and India have been making contrary claims over the right to prosecute the marines. The complaint against the Italian marines was lodged by Freddy, the owner of the fishing boat on which the two Indian fishermen were killed.
- Salvatore Girone agrees he is under the authority of the SC even on his departure
- Will surrender his passport to Italian authorities on departure from India
- Will report to Italian police once a month, which will be reported to India by the Italian Embassy
- Italy will submit, via a Note Verbale from the Embassy of Italy to the Ministry of External Affairs a monthly report on the situation of Sergeant Girone for purposes of apprising the court
- Girone will not attempt to influence witnesses
- Bail shall be cancelled on non-compliance
- Ambassador of Italy shall file an undertaking on affidavit prior to the departure of Girone stating that he shall be made to return to India within a period of one month