ITALIAN MARINES CASE - SUPREME COURT OF INDIA'S ORDER

'


IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

IA 4 OF 2013

IN

SPECIAL LEAVE PETITION(C)NO. 20370 OF 2012


MASSIMILANO LATORRE AND ORS. Petitioner(s)

VERSUS

UNION OF INDIA AND ORS. Respondent(s)









O R D E R






1. IA No.4 of 2013 has been filed in SLP(C)No.20370 of 2012,
wherein we had passed certain Orders on 18th January, 2013,
permitting the applicants/petitioner Nos. 1 and 2, Mr.
Massimilano Latorre and Salvatore Girone, to travel to Italy for
a period of four weeks under the supervision, custody and control
of the petitioner No.3, the Ambassador of Italy to India, and
thereafter to return to India within the said period.
2. Pursuant to the said Order, the applicants/ petitioners
travelled to Italy and returned within the period specified in
the Order.
3. This application has now been made for further permission to
the petitioners/applicants Nos.1 and 2, to travel to Italy for
the purpose of casting their votes in the election scheduled on
24th and 25th February, 2013. In fact, the prayers in the
interlocutory application No.4 are as follows:-
"(a) In relaxation of the conditions imposed by this
Hon'ble Court vide its order dated 18.01.2013, permit
the Applicant No.1 and 2 to travel to the Republic of
Italy under round the clock care/custody, control and
supervision of the Applicant No. 3 for a period of
four weeks and thereafter return to India within said
time or such time as permitted by this Hon'ble Court;
(b) direct the Respondents and their concerned
departments/authorities to facilitate the
international passage of the Applicant No.1 and 2 from
New Delhi, India to Italy and thereafter, their travel
back to New Delhi, India within four weeks and in that
behalf direct the Union of India to release of their
passports forthwith and direction for grant of exit
visa by Foreigners Regional Registration Office and/or
other authorities."


4. Having heard learned counsel for the applicants/petitioners,
as well as learned ASG, Mr. Malhotra and Mr. Giri, senior
counsel, appearing for the State of Kerala, we are inclined to
allow the prayers, as made.
5. It may be noted that an additional affidavit has been filed
by Daniele Mancini, Ambassador of Italy in India, representing
the applicant No.3, indicating that under the Italian laws, the
petitioners 1 and 2 are not entitled to cast their votes in their
present circumstances, and that they have to travel to Italy for
the said purpose. The said respondent has also affirmed an
Affidavit of Undertaking on 9th February, 2013, whereby he has
taken full responsibility for the petitioner Nos. 1 and 2 to
proceed to Italy in the custody and control of the Government of
Italy and to ensure their return to India in terms of this Order.
6. On behalf of the petitioner Nos.1 and 2, it has been
submitted by Mr. Harish Salve, learned senior counsel, that an
additional affidavit will also be filed on their behalf giving
the same undertaking for their travel to Italy and their return.
7. In that view of the matter and having regard to the fact
that once before the petitioner Nos. 1 and 2 had been permitted
to travel to Italy and they had returned within the stipulated
period, we allow the application and permit the
petitioners/applicants Nos.1 and 2, to leave India and to remain
in the Republic of Italy for a period of four weeks from the date
of departure from India. They shall travel to Italy, remain in
Italy and return to India under the care, supervision and control
of the Italian Republic and shall also report to Chankyapuri
Police Station, New Delhi, both at the time of their departure
and on their return.
8. The Republic of Italy will provide the address and contact
details of the petitioners/applicants Nos.1 and 2 and also
provide further information about their movements in Italy to the
Chankyapuri Police Station, New Delhi, during their stay in
Italy. The petitioners shall also not leave the Republic of
Italy, except for return to India. On their return, the
applicants/petitioners Nos.1 and 2, shall once again be bound by
the conditions contained in the Order passed by this Court on
18th January, 2013.
9. By the aforesaid Order/judgment, this Court had also
directed that since the passports of the petitioners/applicants
Nos.1 and 2 had been surrendered to the trial court in Kollam,
the same were to be transferred by the said Court to the Home
Ministry, immediately upon receipt of a copy of the judgment.
It is submitted by Mr. Salve, on instructions, that the said
passports have been sent by mail by the Court concerned and is
yet to reach the Home Ministry. In such circumstances, the
applicants/petitioners Nos.1 and 2 will be entitled to travel to
Italy and to return to India on the basis of temporary
passports/travel documents and the Ministry of Home Affairs shall
direct the Foreigners Regional Registration Office, to provide
the said petitioners/applicants with the necessary exit and re-
entry visas on the said temporary travel documents. The
Ministry of Home Affairs, Government of India, shall also inform
the authorities of the Indira Gandhi International Airport,
including the Bureau of Immigration and the C.I.S.F.concerned, of
this Order.
10. The condition Nos.1 to 4 of the directions contained in
respect of the judgment/Order of 18th January, 2013, are relaxed
to the extent indicated in this Order. On their return to India
at the end of the period hereby granted, the said
petitioners/applicants Nos.1 and 2 would once again be bound by
the said conditions in their full force.
11. Let the undertaking by the petitioner Nos.1 and 2, be filed
in Court today within 2.00 p.m.
12. Let copies of this order be made available to the learned
advocates of the respective parties. In addition, let copies of
the same be also sent to the Home Secretary, Foreigners Regional
Registration Office, Bureau of Immigration, CISF, Indira Gandhi
International Airport and to the D.C.P. IGI Airport, which will
act on the basis thereof, immediately on receipt of the same.
13. I.A.4 is disposed of with the aforesaid directions.
14. Let the original additional affidavit dated 19/02/2013 filed
in Court today be taken on record.
15. The learned ASG is unable to tell us today as to whether
the procedure for constitution of the Special Court directed to
be set up by the Central Government, in consultation with the
Chief Justice of India, has been initiated or not. In the event
steps have not been taken to constitute the Special Court, as
directed, the Central Government is directed to do so, without
any further delay.


........................CJI.
(ALTAMAS KABIR)


..........................J
(ANIL R. DAVE)


..........................J
(VIKRAMAJIT SEN)
NEW DELHI;
February 22, 2013.

ITEM NO.42 COURT NO.1 SECTION XIA


S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

IA 4/2013 in
Petition(s) for Special Leave to Appeal (Civil) No(s).20370/2012

(From the judgement and order dated 29/05/2012 in WPC No.4542/2012 of The
HIGH COURT OF KERALA AT ERNAKULAM)


MASSIMILANO LATORRE AND ORS. Petitioner(s)

VERSUS

UNION OF INDIA AND ORS. Respondent(s)

( for directions and office report ))


Date: 22/02/2013 This Petition was called on for hearing today.


CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE ANIL R. DAVE
HON'BLE MR. JUSTICE VIKRAMAJIT SEN



For Petitioner(s) Mr. Harish N.Salve, Sr. Adv.
Mr. Suhail Dutt, Sr. Adv.
Mr. Diljeet Titus, Adv.
Mr. Viplav Sharma, Adv.
Mr. Jagjit Singh Chhabra, AOR
Mr. Achint Singh Gyani, Adv.

For Respondent(s) Mr. P.P. Malhotra, ASG.
Mr. S.A. Haseeb, Adv.
Mr. B. Krishna Prasad, AOR

Mr. V.Giri, Sr. Adv.
R.2 Mr. Ramesh Babu M.R., AOR
Mr. Sushruj Jindal, Adv.


UPON hearing counsel the Court made the following
O R D E R

In terms of the signed order, the I.A.4 is disposed of.
Let the original additional affidavit dated 19/02/2013 filed
in Court today be taken on record.
The learned ASG is unable to tell us today as to whether
the procedure for constitution of the Special Court directed to
be set up by the Central Government, in consultation with the
Chief Justice of India, has been initiated or not. In the event
steps have not been taken to constitute the Special Court, as
directed, the Central Government is directed to do so, without
any further delay.


|(Sheetal Dhingra) | |(Juginder Kaur) |
|Court Master | |Assistant Registrar |


[Signed order is placed on the file]