Supreme Court permits Italian marine Massimilano Latorre to go home for four months

NEW DELHI: The Supreme Court today allowed one of the two Italian marines, facing murder charges in India, to travel to his country for medical treatment for four months after the Centre said that "in principle" it has no objection to the plea.

The apex court said its order will be "operational" only after Italian marine Massimiliano Latorre, who suffered brain stroke on August 31, gives an "unequivocal" and "unambiguous" undertaking of the dates of departure and arrival back to India.

Latorre was directed to give a fresh undertaking in specific terms by a bench headed by Chief Justice R M Lodha as it declined to accept the already prepared one in which he made mention of jurisdiction issue about the case.

The bench ordered him to withdraw about eight paragraphs from the undertaking in which the "issue of jurisdiction" was raised about the case which pertains to the killing of two Indian fishermen allegedly by Italian marines Latorre and Salvatore Girone on board ship 'Enrica Lexie' off Kerala coast on February 15, 2012.

The apex court took on record the undertaking furnished by Italian Ambassador Daniele Mancini on behalf of the Republic of Italy that the ailing marine would abide by all terms and conditions set for his travel to his native country.

"Having heard the counsel, we are of the view that applicant be permitted to travel to Italy for his treatment for a period of four months," the bench, also comprising justices Kurian Joseph and R F Nariman said.

The bench said the condition for the relief granted to Latorre would be same as set by the apex court on February 22 2013 when the two marines were allowed to travel to Italy under the control and custody of the Ambassador of Italy in India, to cast their ballot in the elections.

In the order, the bench also said "since the Government of India has no objection in principle on the plea of the applicant (Latorre), we direct that authorities here will facilitate his travel".

Latorre had submitted a request to the Supreme Court to allow him to return to Italy for his "more rapid and complete recovery".