(Prafulla C. Pant and D.Y. Chandrachud, JJ.)
Massimilano Latorre and Ors. ________________________ Petitioner(s)
v.
Union of India and Ors. ___________________________ Respondent(s)
I.A. No. 14/2016 in Petition(s) for Special Leave to Appeal (C) No(s). 20370/2012, decided on May 26, 2016
The Order of the court was delivered by
Order
1. This is an application filed by the Republic of Italy (“Italy”), pursuant to an order dated 29th April, 2016 of the Annex VII Arbitral Tribunal prescribing provisional measures in the dispute between Italy and India in respect of the “Enrica Lexie” incident for the purposes of seeking relaxation of the bail conditions of Sergeant Major Salvatore Girone. The prayer made in the application reads as under:-
“a) relax the bail conditions, in the terms described above, on Sergeant Major Salvatore Girone, as contained in this Hon’ble Court’s consequential Order dated 18.01.2013 modifying the Kerala High Court Order of 30.05.2012, to enable him to return to Italy until a final decision by the Annex VII Arbitral Tribunal on the merits of the case that finds that India has jurisdiction over him in respect of the “Enrica Lexie” incident;
b) And to facilitate the same by :
(i) directing the Ministry of Home Affairs, Government of India to direct the Foreigners Regional Registration Office, to provide Sergeant Girone with the necessary Residential Permit and Exit Visa and to inform the authorities at the Indira Gandhi International Airport, including the Bureau of Immigration and the concerned CISF and other security authorities of these directions;
(ii) directing issuance of a copy of the directions of this Hon’ble Court to the Home Secretary, Foreigners Regional Registration Office, Bureau of Immigration, CISF, Indira Gandhi International Airport and to the DCP, Indira Gandhi International Airport to act on the basis thereof, immediately on receipt of the same.”
2. Mr. P.S. Narasimha, learned Additional Solicitor General states that the Union of India has no objection subject to what has been stated in the Reply Affidavit filed on 24th May, 2016.
3. Paragraph 7 of the Reply Affidavit filed on behalf of the Union of India reads as follows:
“That accordingly, for India to be in compliance with the Order of the Tribunal, binding on it under international Law, the Union of India respectfully prays to this Hon’ble Court to grant the prayer in Republic of Italy’s Application to vary the existing bail conditions of Sergeant Girone to enable him to remain on bail in Italy during the Annex VII arbitration as prescribed by the Tribunal, and prescribe the additional bail conditions referred to in paragraph 5 above”.
4. In view of the above, having considered the submissions of learned counsel for the parties including learned counsel for the Fishermen, Sergeant Girone while remaining under the authority of the Supreme Court of India is permitted to return to Italy during the Annex VII arbitration subject to the following conditions:
(a) Sergeant Girone shall prior to his departure provide and file an undertaking on affidavit in these proceedings, duly affirmed and deposed by him, accepting and recognizing that he remains and shall even upon his departure from India continue to remain under the authority of the Supreme Court of India;
(b) Sergeant Girone shall surrender his passport to the Italian authorities on his departure from India. Sergeant Girone shall be prohibited from leaving Italy unless this Court grants him leave to do so, following a petition duly submitted to this Court to that effect;
(c) Sergeant Girone shall report to an identified Police Station in Italy on the first Wednesday of every month. The identity and details of the Police Station shall be notified to the Head of Chancery in the Embassy of India in Rome within one week. The said identified Police Station shall inform the Head of Chancery in the Embassy of India in Rome, in writing, after each such reporting;
(d) Italy shall submit, via a Note Verbale from the Embassy of Italy to the Ministry of External Affairs, Government of India every three months, on the first business day of the month in question starting on 1 September 2016, a report on the situation of Sergeant Girone for purposes of apprising this Court. The Union of India will take such steps as are necessary and appropriate to submit this report to this Court;
(e) Sergeant Girone shall not directly or indirectly contact, influence or tutor any witnesses in the case, including those based in Italy, nor would he attempt to destruct or destroy the evidence in any manner;
(f) In the event of breach of any of the conditions either cumulatively or independently, the bail granted shall stand cancelled; and
(g) Ambassador of Italy shall file an undertaking on affidavit in these proceedings prior to the departure of Sergeant Girone stating that Sergeant Girone shall be made to return to India within a period of one month of the decision or direction of the Arbitral Tribunal requiring him to do so or as directed by the orders of this Court.
5. List the matter on 20th September, 2016.
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