New Delhi, Sep 8 (IANS) The Supreme Court on Thursday sought the Union government's response on a plea by Italian marine, Massimiliano Latorre seeking permission to continue to stay in his country as his colleague, Salvatore Girone has already returned in wake of international arbitration.
Both Chief Master Sergeant Latorre and Sergeant Major Girone are accused of killing two fishermen in February 2012 off the Kerala coast allegedly mistaking them to be pirates.
Latorre, who is already in Italy on the grounds of his treatment, on Thursday approached the top court seeking to continue to stay in his country while seeking parity with Girone in the relaxation of bail conditions.
The last extension of time for Latorre to continue to stay in Italy is ending on September 30.
The bench of Justice Anil R. Dave and Justice L. Nageswara Rao asked the Centre to file its response to Latorre's application seeking parity with Girone after the matter was mentioned by senior counsel K.T.S. Tulsi.
Tulsi said that that the application could be taken up on September 20, when the matter is listed for hearing.
The court had on May 26 permitted Girone to go back to his country after it relaxed the bail conditions imposed earlier by which both the marines were set free but were barred from leaving India.
Girone was allowed to go back after the Indian government did not object to the Italian government's plea that he may be allowed to return as international arbitration on the jurisdiction to try both would take some time before their actual trial could commence.
The top court had allowed Girone to return to Italy in the wake of April 29 order of the International Tribunal for the Law of the Sea (ITLOS) asking both India and Italy to cooperate for Girone's return till arbitration proceedings before it are ongoing.
The international arbitral tribunal has been established under Annex VII of the United Nation Convention on Law of the Sea (UNCLOS) for adjudicating on the dispute between India and Italy over their jurisdiction to try the two marines.
