The Supreme Court on Thursday allowed Italian marine Massimilano Latorre to stay in Italy for another three months - up to July 15 - on health grounds.
A bench of Justice Anil R. Dave, Justice Kurian Joseph and Justice Amitava Roy also took on record an undertaking by the Italian ambassador that Chief Master Sergeant Latorre will return to India to face trial over the killing of two Indian fishermen off the Kerala coast in February 2012 after allegedly mistaking them for pirates.
Lattore's fellow marine Salvatore Girone is the other accused.
Latorre had applied on January 5 for extension of his stay in Italy on health grounds, for further treatment and recuperation following heart surgery, which the court had approved on January 14. This extension ends on April 12.
While allowing the extension, the court had taken an undertaking from the Italian envoy.
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The court had on September 12, 2014 allowed Latorre to go to Italy for four months for treatment, recovery and rehabilitation after he suffered a brain stroke.
The court also directed its registry to list for the last week of April a petition by the marines challenging the investigation and prosecution of their case by the National Investigation Agency (NIA).
At the outset of the hearing, the court inquired about the stage of the trial and was told that it was on the hold as the two marines had challenged the investigation by the NIA after the Indian government said that they would not be tried under anti-piracy law.
The government had on February 24, 2014, informed the court that it was not invoking the anti-piracy Suppression of Unlawful Act against the safety of Maritime Navigation and Fixed Platforms on Continental Shelf Law (SUA) against Latorre and Girone.
As Justice Dave said that there has to be some progress in the case and "we don't want this to continue like that", senior counsel K.T.S.Tulsi, appearing for the marines, said that the government had in its February 24 reply said that a case under the SUA is not made out.
"Once SUA is not made out then the jurisdiction of NIA as an investigating agency also goes and its continuation was challenged," he said.
As Justice Dave said: "We want trial should come to an end", senior counsel Soli Sorabjee appearing for Latorre informed the court that it has "has not yet started."
Describing the whole thing as a "vicious circle", Justice Dave told Sorabjee: "If the trial will not progress, the sword too will be hanging on you."
Not finding the situation encouraging, the court inquired if a special court for the trial had been set up and was told by Additional Solicitor General Pinki Anand that it had but the marines "have challenged its constitution".
Keen on clearing all the legal hurdles in the way of trial, the court said that it intended to commence hearing on the petitions by two Italian marines challenging the investigation by the NIA.
As Sorabjee said that the hearing on the plea could be taken up in July after the court's summer break, the court said: "Why it should be beyond vacation and why not pre-vacation" as it directed the registry to list the matter for hearing in the last week of April.
