Plea to modify marine’s bail condition: Supreme Court for govt’s reply

Tuesday, Sep 20, 2016,16:48 IST By Metrovaartha A A A

Delhi | Government today told Supreme Court it has no objection on Italy’s fresh plea seeking modification of bail conditions of marine Massimiliano Latorre to enable him remain in that country till an international tribunal decided which country had the right to try the case of killing of two Indian fishermen.

When the matter came up for hearing, a bench headed by Justice A R Dave wanted to know whether the government has filed its response to the plea.

To this, Additional Solicitor General P S Narasimha said he had instruction that there is no objection and the same conditions could be imposed as was done in the case of another marine, Salvatore Girone, who too is in Italy.

However, the bench, which also comprised Justices Kurian Joseph and Amitava Roy, said it would like to have a proper response of the Centre and posted the matter for further hearing on September 28.

According to the earlier order of the court, the relief granted to Latorre to stay in Italy expires on September 30.

During the brief hearing, senior advocate Rana Mukherjee, appearing for the families of the two Kerala fishermen who were killed, objected to the hearing of the plea saying he has not been served with the copy of the application.

Kerala government also submitted that there should not be any blanket order of relief as there was no scope that the proceedings before the international tribunal would be completed before 2019.

The ASG submitted that arbitral proceedings would take a year or two to complete and even the international tribunal has made it clear that the two marines are subject to the jurisdiction of the Supreme Court of India which can take a call on granting bail.

The counsel appearing for Italy on behalf of the marines drew the attention of the bench to the submission of ASG who had the instruction that the Centre has no objection for modifying Latorre’s bail condition.

The Centre was of the view that the same bail conditions be imposed on Latorre as was done by the apex court in relation to Girone.

The apex court on September 8 had decided to hear the plea filed by Italy on behalf of marine Massimiliano Latorre who had sought urgent hearing on the ground that an earlier court order was valid till Spetember 30 this year.