Massimiliano Latorre has spent the last week in hospital in New Delhi after collapsing at the Italian embassy with an ischemia -- a blockage in the flow of blood to the brain which can lead to a stroke.
His legal team have lodged an emergency request with India's Supreme Court for him to be granted leave to return to Italy to continue his recuperation and a first hearing has been scheduled for Monday, a spokesman for the defence ministry in Rome told AFP.
Latorre's lawyers in India said last week he was recovering well in the neurology unit of a clinic in the Indian capital and defence minister Roberta Pinotti, who made a bedside visit to Latorre on Monday, has praised the care he has received from his Indian doctors.
They are accused of shooting the two fishermen while serving as security on an Italian-flagged oil tanker, the Enrica Lexie, off the southern Indian state of Kerala in February 2012.
They say they mistook the fishing boat for a pirate vessel and only fired warning shots. The marines were on board the tanker as part of a UN-mandated anti-piracy operation.