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New Supreme Court bench for Italy marines case

With the Chief Justice H.L.

With the Chief Justice H.L. Dattu recusing himself in the hearing on the application filed by Italian marine Massimiliano Latorre, a new bench of the Supreme Court will consider his plea to extend his stay in Italy following a heart surgery he underwent on January 5.

A bench of Chief Justice H.L. Dattu and Justice A.K. Sikri posted the application for hearing on January 14 after brief submissions from senior counsel Soli Sorabjee and senior counsel K.T.S. Tulsi for the applicant and additional solicitor-general P.S. Narasimha for the Centre.

CJI Dattu told the counsel, “It is not proper for us to take up the application because we have earlier expressed some reservations and made certain observations. We feel it will be difficult for us to change our position now. It is better another bench hears this matter.”

In the last hearing on December 17, 2014 the court had rejected the plea for extension of time limit by two months and the application was dismissed as withdrawn.

In its brief order the bench said, “While hearing the application earlier seeking same relief, we had made certain observations. Having made the observations we deem it not proper to take up the application for hearing and post it before another bench day after tomorrow.”

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