Supreme Court today allowed Italian Marine, Salvatore Girone, who has been accused of killing Indian fishermen, to return to Italy..A Bench of Justice PC Pant and DY Chandrachud passed this order today pursuant to the provisional measure prescribed by the arbitral tribunal in the hearing held at Permanent Court of Arbitration. The arbitral tribunal had, on April 29, prescribed that Girone should be allowed to return to Italy subject to the conditions prescribed by the Supreme Court..In consonance with the order of the arbitral tribunal, the Central government did not oppose the Marine’s plea today. Additional Solicitor General PS Narasimha appeared for Centre. Centre told the Court that it is not opposing the marine’s plea on humanitarian grounds. Senior Advocate Suhail Dutt appeared for Girone..The Court, therefore, proceeded to accept the plea of the marine subject to certain conditions. The marine has to report to a police station in Rome every month and Italy should inform India about the same. Girone will also have to give an undertaking that he is still under the authority of Supreme Court. His release from custody can be revoked if he violates any of the conditions imposed by the court. The following are the conditions imposed by the court:.(a) Sergeant Girone shall prior to his departure provide and file an undertaking on affidavit in these proceedings, duly affirmed and deposed by him, accepting and recognizing that he remains and shall even upon his departure from India continue to remain under the authority of the Supreme Court of India;.(b) Sergeant Girone shall surrender his passport to the Italian authorities on his departure from India. Sergeant Girone shall be prohibited from leaving Italy unless this Court grants him leave to do so, following a petition duly submitted to this Court to that effect;.(c) Sergeant Girone shall report to an identified Police Station in Italy on the first Wednesday of every month. The identity and details of the Police Station shall be notified to the Head of Chancery in the Embassy of India in Rome within one week. The said identified Police Station shall inform the Head of Chancery in the Embassy of India in Rome, in writing, after each such reporting;.(d) Italy shall submit, via a Note Verbale from the Embassy of Italy to the Ministry of External Affairs, Government of India every three months, on the first business day of the month in question starting on 1 September 2016, a report on the situation of Sergeant Girone for purposes of apprising this Court. The Union of India will take such steps as are necessary and appropriate to submit this report to this Court;.(e) Sergeant Girone shall not directly or indirectly contact, influence or tutor any witnesses in the case, including those based in Italy, nor would he attempt to destruct or destroy the evidence in any manner;.(f) In the event of breach of any of the conditions either cumulatively or independently, the bail granted shall stand cancelled; and.(g) Ambassador of Italy shall file an undertaking on affidavit in these proceedings prior to the departure of Sergeant Girone stating that Sergeant Girone shall be made to return to India within a period of one month of the decision or direction of the Arbitral Tribunal requiring him to do so or as directed by the orders of this Court..On April 29, 2016, the Arbitral Tribunal, in a request by Italy to prescribe provisional measures during the pendency of arbitration between the two countries, had held that Girone should be allowed to return home in the interim..In the operative part of the Order, the Arbitral Tribunal had unanimously prescribed the following provisional measures:.Italy and India shall cooperate, including in proceedings before the Supreme Court of India, to achieve a relaxation of the bail conditions of Sergeant Girone so as to give effect to the concept of considerations of humanity, so that Sergeant Girone, while remaining under the authority of the Supreme Court of India, may return to Italy during the present Annex VII arbitration.The Arbitral Tribunal confirms Italy’s obligation to return Sergeant Girone to India in case the Arbitral Tribunal finds that India has jurisdiction over him in respect of the “Enrica Lexie” incident.The Arbitral Tribunal decides that Italy and India each shall report to the Arbitral Tribunal on compliance with these provisional measures, and authorizes the President to seek information from the Parties if no such report is submitted within three months from the date of this Order and thereafter as he may consider appropriate..The co-accused in the case, Massimiliano Latorre, had already left for Italy after being allowed by the Supreme Court to return owing to health reasons. Recently, the court had extended his stay in Italy till September 30 this year.
Supreme Court today allowed Italian Marine, Salvatore Girone, who has been accused of killing Indian fishermen, to return to Italy..A Bench of Justice PC Pant and DY Chandrachud passed this order today pursuant to the provisional measure prescribed by the arbitral tribunal in the hearing held at Permanent Court of Arbitration. The arbitral tribunal had, on April 29, prescribed that Girone should be allowed to return to Italy subject to the conditions prescribed by the Supreme Court..In consonance with the order of the arbitral tribunal, the Central government did not oppose the Marine’s plea today. Additional Solicitor General PS Narasimha appeared for Centre. Centre told the Court that it is not opposing the marine’s plea on humanitarian grounds. Senior Advocate Suhail Dutt appeared for Girone..The Court, therefore, proceeded to accept the plea of the marine subject to certain conditions. The marine has to report to a police station in Rome every month and Italy should inform India about the same. Girone will also have to give an undertaking that he is still under the authority of Supreme Court. His release from custody can be revoked if he violates any of the conditions imposed by the court. The following are the conditions imposed by the court:.(a) Sergeant Girone shall prior to his departure provide and file an undertaking on affidavit in these proceedings, duly affirmed and deposed by him, accepting and recognizing that he remains and shall even upon his departure from India continue to remain under the authority of the Supreme Court of India;.(b) Sergeant Girone shall surrender his passport to the Italian authorities on his departure from India. Sergeant Girone shall be prohibited from leaving Italy unless this Court grants him leave to do so, following a petition duly submitted to this Court to that effect;.(c) Sergeant Girone shall report to an identified Police Station in Italy on the first Wednesday of every month. The identity and details of the Police Station shall be notified to the Head of Chancery in the Embassy of India in Rome within one week. The said identified Police Station shall inform the Head of Chancery in the Embassy of India in Rome, in writing, after each such reporting;.(d) Italy shall submit, via a Note Verbale from the Embassy of Italy to the Ministry of External Affairs, Government of India every three months, on the first business day of the month in question starting on 1 September 2016, a report on the situation of Sergeant Girone for purposes of apprising this Court. The Union of India will take such steps as are necessary and appropriate to submit this report to this Court;.(e) Sergeant Girone shall not directly or indirectly contact, influence or tutor any witnesses in the case, including those based in Italy, nor would he attempt to destruct or destroy the evidence in any manner;.(f) In the event of breach of any of the conditions either cumulatively or independently, the bail granted shall stand cancelled; and.(g) Ambassador of Italy shall file an undertaking on affidavit in these proceedings prior to the departure of Sergeant Girone stating that Sergeant Girone shall be made to return to India within a period of one month of the decision or direction of the Arbitral Tribunal requiring him to do so or as directed by the orders of this Court..On April 29, 2016, the Arbitral Tribunal, in a request by Italy to prescribe provisional measures during the pendency of arbitration between the two countries, had held that Girone should be allowed to return home in the interim..In the operative part of the Order, the Arbitral Tribunal had unanimously prescribed the following provisional measures:.Italy and India shall cooperate, including in proceedings before the Supreme Court of India, to achieve a relaxation of the bail conditions of Sergeant Girone so as to give effect to the concept of considerations of humanity, so that Sergeant Girone, while remaining under the authority of the Supreme Court of India, may return to Italy during the present Annex VII arbitration.The Arbitral Tribunal confirms Italy’s obligation to return Sergeant Girone to India in case the Arbitral Tribunal finds that India has jurisdiction over him in respect of the “Enrica Lexie” incident.The Arbitral Tribunal decides that Italy and India each shall report to the Arbitral Tribunal on compliance with these provisional measures, and authorizes the President to seek information from the Parties if no such report is submitted within three months from the date of this Order and thereafter as he may consider appropriate..The co-accused in the case, Massimiliano Latorre, had already left for Italy after being allowed by the Supreme Court to return owing to health reasons. Recently, the court had extended his stay in Italy till September 30 this year.
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