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ITALIAN MARINES CASE - SUPREME COURT OF INDIA'S ORDER

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  1. '
  2.  
  3.  
  4. IN THE SUPREME COURT OF INDIA
  5.  
  6. CIVIL APPELLATE JURISDICTION
  7.  
  8. IA 4 OF 2013
  9.  
  10. IN
  11.  
  12. SPECIAL LEAVE PETITION(C)NO. 20370 OF 2012
  13.  
  14.  
  15. MASSIMILANO LATORRE AND ORS. Petitioner(s)
  16.  
  17. VERSUS
  18.  
  19. UNION OF INDIA AND ORS. Respondent(s)
  20.  
  21.  
  22.  
  23.  
  24.  
  25.  
  26.  
  27.  
  28.  
  29. O R D E R
  30.  
  31.  
  32.  
  33.  
  34.  
  35.  
  36. 1. IA No.4 of 2013 has been filed in SLP(C)No.20370 of 2012,
  37. wherein we had passed certain Orders on 18th January, 2013,
  38. permitting the applicants/petitioner Nos. 1 and 2, Mr.
  39. Massimilano Latorre and Salvatore Girone, to travel to Italy for
  40. a period of four weeks under the supervision, custody and control
  41. of the petitioner No.3, the Ambassador of Italy to India, and
  42. thereafter to return to India within the said period.
  43. 2. Pursuant to the said Order, the applicants/ petitioners
  44. travelled to Italy and returned within the period specified in
  45. the Order.
  46. 3. This application has now been made for further permission to
  47. the petitioners/applicants Nos.1 and 2, to travel to Italy for
  48. the purpose of casting their votes in the election scheduled on
  49. 24th and 25th February, 2013. In fact, the prayers in the
  50. interlocutory application No.4 are as follows:-
  51. "(a) In relaxation of the conditions imposed by this
  52. Hon'ble Court vide its order dated 18.01.2013, permit
  53. the Applicant No.1 and 2 to travel to the Republic of
  54. Italy under round the clock care/custody, control and
  55. supervision of the Applicant No. 3 for a period of
  56. four weeks and thereafter return to India within said
  57. time or such time as permitted by this Hon'ble Court;
  58. (b) direct the Respondents and their concerned
  59. departments/authorities to facilitate the
  60. international passage of the Applicant No.1 and 2 from
  61. New Delhi, India to Italy and thereafter, their travel
  62. back to New Delhi, India within four weeks and in that
  63. behalf direct the Union of India to release of their
  64. passports forthwith and direction for grant of exit
  65. visa by Foreigners Regional Registration Office and/or
  66. other authorities."
  67.  
  68.  
  69. 4. Having heard learned counsel for the applicants/petitioners,
  70. as well as learned ASG, Mr. Malhotra and Mr. Giri, senior
  71. counsel, appearing for the State of Kerala, we are inclined to
  72. allow the prayers, as made.
  73. 5. It may be noted that an additional affidavit has been filed
  74. by Daniele Mancini, Ambassador of Italy in India, representing
  75. the applicant No.3, indicating that under the Italian laws, the
  76. petitioners 1 and 2 are not entitled to cast their votes in their
  77. present circumstances, and that they have to travel to Italy for
  78. the said purpose. The said respondent has also affirmed an
  79. Affidavit of Undertaking on 9th February, 2013, whereby he has
  80. taken full responsibility for the petitioner Nos. 1 and 2 to
  81. proceed to Italy in the custody and control of the Government of
  82. Italy and to ensure their return to India in terms of this Order.
  83. 6. On behalf of the petitioner Nos.1 and 2, it has been
  84. submitted by Mr. Harish Salve, learned senior counsel, that an
  85. additional affidavit will also be filed on their behalf giving
  86. the same undertaking for their travel to Italy and their return.
  87. 7. In that view of the matter and having regard to the fact
  88. that once before the petitioner Nos. 1 and 2 had been permitted
  89. to travel to Italy and they had returned within the stipulated
  90. period, we allow the application and permit the
  91. petitioners/applicants Nos.1 and 2, to leave India and to remain
  92. in the Republic of Italy for a period of four weeks from the date
  93. of departure from India. They shall travel to Italy, remain in
  94. Italy and return to India under the care, supervision and control
  95. of the Italian Republic and shall also report to Chankyapuri
  96. Police Station, New Delhi, both at the time of their departure
  97. and on their return.
  98. 8. The Republic of Italy will provide the address and contact
  99. details of the petitioners/applicants Nos.1 and 2 and also
  100. provide further information about their movements in Italy to the
  101. Chankyapuri Police Station, New Delhi, during their stay in
  102. Italy. The petitioners shall also not leave the Republic of
  103. Italy, except for return to India. On their return, the
  104. applicants/petitioners Nos.1 and 2, shall once again be bound by
  105. the conditions contained in the Order passed by this Court on
  106. 18th January, 2013.
  107. 9. By the aforesaid Order/judgment, this Court had also
  108. directed that since the passports of the petitioners/applicants
  109. Nos.1 and 2 had been surrendered to the trial court in Kollam,
  110. the same were to be transferred by the said Court to the Home
  111. Ministry, immediately upon receipt of a copy of the judgment.
  112. It is submitted by Mr. Salve, on instructions, that the said
  113. passports have been sent by mail by the Court concerned and is
  114. yet to reach the Home Ministry. In such circumstances, the
  115. applicants/petitioners Nos.1 and 2 will be entitled to travel to
  116. Italy and to return to India on the basis of temporary
  117. passports/travel documents and the Ministry of Home Affairs shall
  118. direct the Foreigners Regional Registration Office, to provide
  119. the said petitioners/applicants with the necessary exit and re-
  120. entry visas on the said temporary travel documents. The
  121. Ministry of Home Affairs, Government of India, shall also inform
  122. the authorities of the Indira Gandhi International Airport,
  123. including the Bureau of Immigration and the C.I.S.F.concerned, of
  124. this Order.
  125. 10. The condition Nos.1 to 4 of the directions contained in
  126. respect of the judgment/Order of 18th January, 2013, are relaxed
  127. to the extent indicated in this Order. On their return to India
  128. at the end of the period hereby granted, the said
  129. petitioners/applicants Nos.1 and 2 would once again be bound by
  130. the said conditions in their full force.
  131. 11. Let the undertaking by the petitioner Nos.1 and 2, be filed
  132. in Court today within 2.00 p.m.
  133. 12. Let copies of this order be made available to the learned
  134. advocates of the respective parties. In addition, let copies of
  135. the same be also sent to the Home Secretary, Foreigners Regional
  136. Registration Office, Bureau of Immigration, CISF, Indira Gandhi
  137. International Airport and to the D.C.P. IGI Airport, which will
  138. act on the basis thereof, immediately on receipt of the same.
  139. 13. I.A.4 is disposed of with the aforesaid directions.
  140. 14. Let the original additional affidavit dated 19/02/2013 filed
  141. in Court today be taken on record.
  142. 15. The learned ASG is unable to tell us today as to whether
  143. the procedure for constitution of the Special Court directed to
  144. be set up by the Central Government, in consultation with the
  145. Chief Justice of India, has been initiated or not. In the event
  146. steps have not been taken to constitute the Special Court, as
  147. directed, the Central Government is directed to do so, without
  148. any further delay.
  149.  
  150.  
  151. ........................CJI.
  152. (ALTAMAS KABIR)
  153.  
  154.  
  155. ..........................J
  156. (ANIL R. DAVE)
  157.  
  158.  
  159. ..........................J
  160. (VIKRAMAJIT SEN)
  161. NEW DELHI;
  162. February 22, 2013.
  163.  
  164. ITEM NO.42 COURT NO.1 SECTION XIA
  165.  
  166.  
  167. S U P R E M E C O U R T O F I N D I A
  168. RECORD OF PROCEEDINGS
  169.  
  170. IA 4/2013 in
  171. Petition(s) for Special Leave to Appeal (Civil) No(s).20370/2012
  172.  
  173. (From the judgement and order dated 29/05/2012 in WPC No.4542/2012 of The
  174. HIGH COURT OF KERALA AT ERNAKULAM)
  175.  
  176.  
  177. MASSIMILANO LATORRE AND ORS. Petitioner(s)
  178.  
  179. VERSUS
  180.  
  181. UNION OF INDIA AND ORS. Respondent(s)
  182.  
  183. ( for directions and office report ))
  184.  
  185.  
  186. Date: 22/02/2013 This Petition was called on for hearing today.
  187.  
  188.  
  189. CORAM :
  190. HON'BLE THE CHIEF JUSTICE
  191. HON'BLE MR. JUSTICE ANIL R. DAVE
  192. HON'BLE MR. JUSTICE VIKRAMAJIT SEN
  193.  
  194.  
  195.  
  196. For Petitioner(s) Mr. Harish N.Salve, Sr. Adv.
  197. Mr. Suhail Dutt, Sr. Adv.
  198. Mr. Diljeet Titus, Adv.
  199. Mr. Viplav Sharma, Adv.
  200. Mr. Jagjit Singh Chhabra, AOR
  201. Mr. Achint Singh Gyani, Adv.
  202.  
  203. For Respondent(s) Mr. P.P. Malhotra, ASG.
  204. Mr. S.A. Haseeb, Adv.
  205. Mr. B. Krishna Prasad, AOR
  206.  
  207. Mr. V.Giri, Sr. Adv.
  208. R.2 Mr. Ramesh Babu M.R., AOR
  209. Mr. Sushruj Jindal, Adv.
  210.  
  211.  
  212. UPON hearing counsel the Court made the following
  213. O R D E R
  214.  
  215. In terms of the signed order, the I.A.4 is disposed of.
  216. Let the original additional affidavit dated 19/02/2013 filed
  217. in Court today be taken on record.
  218. The learned ASG is unable to tell us today as to whether
  219. the procedure for constitution of the Special Court directed to
  220. be set up by the Central Government, in consultation with the
  221. Chief Justice of India, has been initiated or not. In the event
  222. steps have not been taken to constitute the Special Court, as
  223. directed, the Central Government is directed to do so, without
  224. any further delay.
  225.  
  226.  
  227. |(Sheetal Dhingra) | |(Juginder Kaur) |
  228. |Court Master | |Assistant Registrar |
  229.  
  230.  
  231. [Signed order is placed on the file]
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