SC seeks Centre’s response to Italian marine’s plea

R Sedhuraman

Legal Correspondent 

New Delhi, September 20 

The Supreme Court on Tuesday sought the Centre’s response in a week to the plea of Italian marine Massimiliano Latorre, accused of killing two Indian fishermen off Kerala coast on February 15, 2012, for bail extension till an international tribunal decided the jurisdiction for the trial — Indian or international laws. 

A three-member Bench headed by Justice Anil R Dave said it would consider his plea on September 28 in the light of the government’s stand. The other members of the Bench are Justices Kurian Joseph and Amitava Roy. 

Latorre has pleaded that he be extended the same relief given to co-accused Salvatore Girone, who was allowed by the Supreme Court to go home on May 26, 2016, and stay there till the tribunal’s decision. The two accused have maintained that they had mistaken the fishermen for sea pirates. 

The apex court imposed several restrictions on Girone while relaxing his bail terms. Earlier, he was detained at the Italian embassy here. The court had directed the Italian envoy to file a fresh undertaking that he would ensure the return of Girone upon being asked to do so. 

Already in Italy on medical grounds, Latorre has pleaded that he would accept all the conditions slapped on Girone, including surrender of passport and reporting to the local police station every month on the first Wednesday. 

Italy has approached the United Nation’s Convention on Law of the Seas (UNCLOS) pleading that the two accused be tried under international laws, not under Indian jurisdiction. UNCLOS referred the matter to the International Tribunal on Law of the Sea (ITLOS), which opined on April 29 that Girone should be allowed to go home till the jurisdiction was decided. 

India was bound by ITLOS’s advice as New Delhi was a signatory to the UN Convention, the Centre has told the apex court.