The Supreme Court Friday permitted Italian marine Massimilano Latorre to go back to Italy for his treatment, recovery and rehabilitation for four months after he suffered a brain stroke recently.
A bench of Chief Justice R.M. Lodha, Justice Kurian Joseph and Justice Rohinton Fali Nariman permitted Chief Master Sergeant Latorre to go bavk to Italy for his treatment, noting Additional Solicitor General P.S. Narsimha's statement that government "in principle has no objection" if marine's prayer is granted by the court.
However, the court said that its order would be effective only after Latorre has filed an "unequivocal and unambigous undertaking" on his return to India upon the completion of four months.
"The above order shall come into operation only if the applicant submits an unequivocal and unambiguous undertaking of his return to India in time in compliance of this order," its order read.
The court's direction came as it described Latorre earlier affidavit as "vague" and ambiguous".
The court also accepted the undertaking by Italian Ambassador Daniele Mancini that Latorre would return to India upon the completion of four months period.
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The undertaking given by the Italian ambassador on behalf of his government said that the "Republic of Italy undertakes that the applicant will return to India within the time permitted by this Hon'ble Court" and the "Republic of Italy undertakes to ensure that the applicant (Chief Master Sergeant Latorre) does not commit breach of any of the conditions imposed on the applicant (Chief Master Sergeant Massimilano Latorre) by this Hon'ble Court".
Latorre in his application had told the court that he has suffered brain stroke and required continued management, treatment, rehabilitation and therapy.
Invoking humanitarian grounds, Latorre had sought the court's nod for going to Italy for about four months or so.
The court said that the government would facilitate the travel of Latorre from India to Italy and back.
Latorre is accused along with another Italian marine of killing two Indian fishermen in February 2012 of the coast of Kerala, mistaking them for sea pirates.
Latorre and Salvatore Girone, have been held in India since then. The marines were serving as security personnel on an Italian oil tanker MT Enrica Lexie crossing the Indian Ocean.