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Apex court relaxing bail for Italian marine sets row between Centre and Kerala

The Central government defended conveying its no objection to Italy's application for relaxation of bail conditions, attributing it to the order by the UN arbitration tribunal which was binding on India under international law.

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The Supreme Court decision on Thursday allowing an Italian marine Salvatore Girone, under investigation for the killing of two fishermen off the Kerala coast to go home has set off a row between the Centre and the new Left Front government in Kerala. Attacking the Centre, new chief minister Pinarayi Vijayan blamed Centre's 'wrong response' for the Supreme Court's decision.

The Central government defended conveying its no objection to Italy's application for relaxation of bail conditions, attributing it to the order by the UN arbitration tribunal which was binding on India under international law.

External affairs ministry spokesperson Vikas Swarup, however, said that Girone will remain under jurisdiction of the apex court. 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.

"It is here that the examination and trial has to be held. But a big foul play has been held in this case right from the beginning by the Centre. We were against the Centre's approach before also and we had strongly criticised it," said Kerala chief minister.

"It is the wrong response of the central government that led to the court passing this order. That is what I understand," he said. Girone, who has been living in the Italian embassy in New Delhi, was one of two marines arrested in 2012 on suspicion of killing the fishermen during an anti-piracy mission on an Italian oil tanker.

A vacation bench of Justices PC Pant and D Y Chandrachud said that Girone can return to Italy while the United Nations tribunal decides on a jurisdictional issue between India and Italy. Additional Solicitor General (ASG) PS Narasimha told the court that the Indian government won't object to the ruling "on humanitarian grounds," subject to Girone's compliance with the conditions imposed by the court'

The apex court sought a fresh undertaking from the Italian Ambassador in Delhi stating that if the International Arbitral Tribunal (IAT) decides jurisdictional issue in India's favour, he will be responsible in bringing back the marine within one month.

Four conditions imposed on the marine to let him go home include reporting to police station in Italy on first Wednesday every month and the Italian government has to inform this to the Indian embassy in Rome, give an undertaking to remain under the jurisdiction of the Supreme Court and not to tamper with any evidence nor influence any witness in the case. The Court ruled that his bail will be cancelled if any condition is violated.

Girone, who presently is in the custody of the Supreme Court and residing in Italian embassy here, had filed the application through lawyer Jagjit Singh Chhabra, also seeking a direction that Ministry of Home Affairs and the Foreigners Regional Registration Office to provide him with the "necessary residential permit and exit visa."

Govt won't object SC ruling: ASG

A vacation bench of Justices PC Pant and D Y Chandrachud said that Salvatore Girone can return to Italy while the United Nations tribunal decides on a jurisdictional issue between India and Italy. Additional Solicitor General (ASG) PS Narasimha told the court that the Indian government won't object to the ruling "on humanitarian grounds," subject to Girone's compliance with the conditions imposed by the court.' The apex court sought a fresh undertaking from the Italian Ambassador in Delhi stating that if the International Arbitral Tribunal (IAT) decides jurisdictional issue in India's favour, he will be responsible in bringing back the marine within one month.

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