The Supreme Court on Thursday granted bail to Italian marine Sergeant Salvatore Girone, who is facing charges of killing two Indian fishermen, allowing him to return to Italy where he will join the second accused in the case — Sergeant Massimilano latorre — who was allowed to leave India on medical ground.
Girone agreed to give an undertaking that upon his release his passport will remain with the Italian authorities, and he will not travel outside Italy without Indian Supreme Court’s permission. He volunteered to report once a month to a designated police station in Italy.
The Vacation Bench of Justices Prafulla C Pant and Dhananjay Y Chandrachud went on to grant Girone’s request after it realised there was practically no opposition either from the Centre or the deceased fishermen’s kin. Additional Solicitor General PS Narsimha told the court that the Centre had no objection to the above bail conditions and had decided to support bail for Girone on “humanitarian” grounds.
Reacting to the response of the Centre given to the Supreme Court, Kerala Chief Minister Pinarayi Vijayan accused the Centre of “foul play”. Speaking to reporters at Thiruvanthapuram, Vijayan said, “It is in India that the examination and trial has to be held. But a big foul play has happened in this case right from the beginning by the Centre. We were against the Centre’s approach which we had strongly criticised from the start.”
Now the marine will be required to return only after India is able to establish before an International Arbitral Tribunal that it has the authority to try the marines under its domestic laws. This is expected to take some time, at least by January 2018. Till such time, Girone will continue to remain subject under the authority of the Indian Supreme Court.
In the event, the Tribunal decides in India’s favour, the apex court fixed the responsibility on the Ambassador of Italy in India to ensure Girone is returned within one month of such decision being passed. During his bail period, the Italian Government will additionally have to send a written communication to the Ministry of External Affairs, Government of India, once in every three months apprising them of compliance with the bail conditions. The Centre will report the same to the court.
The SC indicated that its order will be subject to any order to be passed by the Supreme Court which will take up the case related to the other marine on September 20. latorre was allowed to leave for medical treatment after he suffered a brain stroke and has since been granted several extensions. The last extension ordered by Court is due to expire on September 30.