The Supreme Court today allowed Salvatore Girone, one of the two Italian marines accused of killing two fishermen off Kerala coast in 2012, to go home while an international tribunal decides on a jurisdictional issue between India and Italy.
The court, however, imposed fresh conditions. The other marine Massimiliano Latorre is already in Italy on health grounds and his stay there was recently extended by the apex court till September 30 this year.
A vacation bench of Justices P C Pant and D Y Chandrachud sought a fresh undertaking from Italian Ambassador here stating that if the International Arbitral Tribunal (IAT) decides jurisdictional issue in India's favour then he will be responsible in bringing back the marine within one month.
The apex court while relaxing the bail conditions imposed four conditions on the marine which include that he has to report to police station in Italy on first Wednesday of every month and the Italian Embassy has to inform the Indian Embassy in Rome about the same.
It also said the marine will not tamper with any evidence nor influence any witness in the case.
The third condition imposed was that Girone will give an undertaking that he will remain under the jurisdiction of Supreme Court.
Lastly, if found violating any of the conditions imposed, his bail will be cancelled, the apex court said.
During the hearing, Additional Solicitor General (ASG) P S Narasimha said that Centre has no objection to the application moved by Girone if he complies with the conditions imposed by the apex court.
"We support the application on humanitarian grounds subject to his compliance with the conditions imposed by the court," the ASG said. Girone presently is in the custody of the apex court and residing in Italian embassy here.
The Indian government said it did not oppose Girone's return to Italy as it was abiding by an international tribunal ruling.
External Affairs Ministry Spokesperson Vikas Swarup while stating this, however, said that Girone will remain under jurisdiction of the apex court.
The Government conveyed its no objection to Italy's application for relaxation of Girone's bail condition, given the order by the UN arbitration tribunal which was binding on India under international law, he said.
Congress came down hard on the Modi government accusing it of "cutting an underhand deal to malign the party and its leadership" on the AgustaWasteland issue.
Cognress leader Kapil Sibal said the party "knows" that Prime Minister Narendra Modi has met his Italian counterpart. Government has denied any such meeting.
Party's chief spokesman Randeep Surjewala said the stand taken by Modi government today is a great injustice to the family of deceased fishermen of Kerala."
The new Kerala government attacked the Centre, blaming its "wrong response" for the Supreme Court's decision.
A "big foul play" had been done by the Centre right from the beginning in the case, Chief Minister Pinarayi Vijayan told reporters in Thiruvananthapuram.
