India jurisdiction suspended: Italy.
The Supreme Court on Tuesday extended till September 30 the stay in Italy of marine Chief Master Massililano Lattore, who along with Sergeant Salvatore, is accused of killing two Indian fishermen of Kerala coast in February 2012.
A three-judge bench of Justices Anil R. Dave, Kurian Joseph and Amitav Roy in August 2015 had stayed the trial in this case against the two marines, taking note of an order passed by the International Tribunal set up under the United Nations Convention on Laws of Seas (UNCLOS) asking both India and Italy to suspend all proceedings till another Tribunal (ANX—VII) decides the issue of jurisdiction, viz whether India or Italy has the right to conduct the criminal proceedings against the two marines.
Solicitor-general Ranjit Kumar informed the bench that the proceedings before the Tribunal will conclude in December 2018 when the award is expected. Since trial had already been stayed there is nothing more to be done in this case.
Senior counsel Soli Sorabjee, appearing for the marines submitted that since it would take couple of months for the Tribunal to adjudicate the matter, the time for return of Mr Lattore should be extended by one year. The SG submitted that once the ANX tribunal decides the jurisdiction issue, the matter would then go to another Tribunal which will adjudicate the dispute on merits. The bench extended till September 30 the stay in Italy of Mr Lattore.
The Italian government on Tuesday said India’s jurisdiction over the two Italian marines has been “suspended”. “Italy considers India’s jurisdiction over the case to be suspended and therefore legally overridden,” the Italian foreign ministry was quoted as saying by AKI.
