Supreme Court allows Second Italian marine to return home

The Supreme Court today relaxed the bail conditions of Salvatore Girone, one of the two Italian marines accused of killing two fishermen off Kerala coast in 2012, and allowed him to go to his country till an International Arbitral Tribunal (IAT) 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 by the apex court till September 30 this year.

A vacation bench of Justices P C Pant and D Y Chandrachud sought a fresh undertaking from Italian Ambassador here stating that if the IAT decides the jurisdictional issue in India's favour then he will be responsible in bringing back the marine within one month.

The apex court imposed four conditions on the marine which include that he has to report to police station in Italy on first Wednesday of every month and the Italian Embassy has to inform the Indian Embassy in Rome about the same. It also said the marine will not tamper with any evidence nor influence any witness in the case.

The third condition imposed was that Girone will give an undertaking that he will remain under the jurisdiction of Supreme Court. Lastly, if found violating any of the conditions imposed, his bail will be cancelled, the apex court said.

During the hearing, Additional Solicitor General (ASG) P S Narasimha said that Centre has no objection to the application moved by Girone if he complies with the conditions imposed by the apex court.

Girone, who presently is in the custody of the apex court and residing in Italian embassy here, had filed the application through lawyer Jagjit Singh Chhabra, also seeking a direction that Ministry of Home Affairs and the Foreigners Regional Registration Office be asked to provide him with the "necessary residential permit and exit visa".

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

Italy and India have been making contrary claims over the right to prosecute the two Italian marines in the case.

Earlier, the apex court on April 26, had extended the stay of Latorre in Italy till September 30. Latorre, who had suffered a brain stroke on August 31, 2014, was allowed by the apex court on September 12, 2014 to go to Italy for four months and after that, extensions have been granted to him.