India and Italy on Monday jointly agreed before the Supreme Court to take up the petition by one of the arrested Italian marines who wants to go to Italy till the time an international arbitral tribunal decides on India’s jurisdiction to try the two marines for killing Indian fishermen off Kerala coast in 2012.
A Vacation Bench of Justices Prafulla C Pant and Dhananjay Y Chandrachud decided to hear the petition on Thursday.
The petition was mentioned by the Italian Government appearing through its counsels on behalf of the arrested marine Salvatore Girone. Additional Solicitor General (ASG) Pinky Anand who was present in the court told the bench that the government had no objection if similar conditions are imposed as was done by the apex court while allowing the other marine Massimiliano latorre, who is in Italy on medical grounds. The court had recently extended latorre’s stay till September 30 on an undertaking by the Italian Government on his return.
Ever since Italy challenged the Indian Government’s authority to try its marines under the Indian law before the International Tribunal for the law of the Seas, the trial against the marines has been stayed. The decision of the Tribunal is expected by January 2018. Earlier, Italy had approached the Tribunal for Girone’s release from Indian custody but was advised to seek permission from the Indian Supreme Court which is monitoring the case.