For a Government that has a reputation for being strong, bold and decisive, it will not be easy to explain to the public why it allowed the Italian marine Salvatore Girone, accused of fatally shooting two Indian fishermen from Kerala in the 2012 Enrica lexie case, to return home. That Girone’s partner, Massimiliano latorre has already been in Italy for several months now, and in all probability will never return to Indian shores, is already a sensitive matter. latorre was allowed to go home only for a short period on medical grounds but the Supreme Court, which is monitoring the case, has repeatedly extended his stay. And now Girone too has been permitted to go home, albeit on the assurance that he will return, if summoned.
Technically, the Government can point to the Permanent Court of Arbitration at The Hague, which is currently deciding which country – India or Italy – has jurisdiction over the case, following a disagreement on whether the shooting happened in Indian or international waters (and after the UPA Government dragged its feet, infuriating the Italians, who then took the case to The Hague).
Earlier this month, the court prescribed that Girone’s bail conditions be relaxed but let the Supreme Court of India decide the new terms. It is in this context that Girone has now been permitted to return to Italy, while still being under the Supreme Court’s jurisdiction. But Girone’s release is not just a legal issue – it is a political and diplomatic issue as well. The case is a big deal in Italy and the Government there is under a lot of pressure to deliver.
Hence, it has been using every single diplomatic lever – including holding up India’s entry to the Missile Technology Control Regime which will give the country access to much needed weaponised drones among other defence platforms -- to get its way. However, the Assembly poll in Kerala is believed to have tied the Centre’s hand; now, that the election is over, New Delhi has more space to maneouver.