Order of Supreme Court of India which had allowed the Italian Marines to go back and had required them to return

                        IN THE SUPREME COURT OF INDIA

                             CIVIL APPELLATE JURISDICTION

                                IA 4 OF 2013

                                     IN

                 SPECIAL LEAVE PETITION(C)NO. 20370 OF 2012

       MASSIMILANO LATORRE AND ORS.            Petitioner(s)

                 VERSUS

       UNION OF INDIA AND ORS.                 Respondent(s)

                                O R D E R

           1.   IA No.4 of 2013 has been filed in  SLP(C)No.20370  of  2012,
           wherein we had passed  certain  Orders  on  18th  January,  2013,
           permitting  the  applicants/petitioner  Nos.   1   and   2,   Mr.
           Massimilano Latorre and Salvatore Girone, to travel to Italy  for
           a period of four weeks under the supervision, custody and control
           of the petitioner No.3, the Ambassador of   Italy to India,   and
           thereafter to return to India within the said period.
           2.   Pursuant to the  said  Order,  the  applicants/  petitioners
           travelled to Italy and returned within the  period  specified  in
           the Order.
           3.   This application has now been made for further permission to
           the petitioners/applicants Nos.1 and 2, to travel  to  Italy  for
           the purpose of casting their votes in the election  scheduled  on
           24th and 25th February,  2013.   In  fact,  the  prayers  in  the
           interlocutory application No.4 are as follows:-
                     "(a) In relaxation of the conditions imposed  by  this
                     Hon'ble Court vide its order dated 18.01.2013,  permit
                     the Applicant No.1 and 2 to travel to the Republic  of
                     Italy under round the clock care/custody, control  and
                     supervision of the Applicant No. 3  for  a  period  of
                     four weeks and thereafter return to India within  said
                     time or such time as permitted by this Hon'ble Court;
                     (b)  direct  the  Respondents  and   their   concerned
                     departments/authorities     to     facilitate      the
                     international passage of the Applicant No.1 and 2 from
                     New Delhi, India to Italy and thereafter, their travel
                     back to New Delhi, India within four weeks and in that
                     behalf direct the Union of India to release  of  their
                     passports forthwith and direction for  grant  of  exit
                     visa by Foreigners Regional Registration Office and/or
                     other authorities."

           4.   Having heard learned counsel for the applicants/petitioners,
           as well as  learned  ASG,  Mr.  Malhotra  and  Mr.  Giri,  senior
           counsel, appearing for the State of Kerala, we  are  inclined  to
           allow the prayers, as made.
           5.   It may be noted that an additional affidavit has been  filed
           by Daniele Mancini, Ambassador of Italy  in  India,  representing
           the applicant No.3, indicating that under the Italian  laws,  the
           petitioners 1 and 2 are not entitled to cast their votes in their
           present circumstances, and that they have to  travel to Italy for
           the said purpose.   The said  respondent  has  also  affirmed  an
           Affidavit of Undertaking on 9th February, 2013,  whereby  he  has
           taken full responsibility for the petitioner  Nos.  1  and  2  to
           proceed to Italy in the custody and control of the Government  of
           Italy and to ensure their return to India in terms of this Order.
           6.   On behalf of  the  petitioner  Nos.1  and  2,  it  has  been
           submitted by Mr. Harish Salve, learned senior  counsel,  that  an
           additional affidavit will also be filed on  their  behalf  giving
           the same undertaking for their travel to Italy and their return.
           7.   In that view of the matter and having  regard  to  the  fact
           that once before the petitioner Nos. 1 and 2 had  been  permitted
           to travel to Italy and they had returned  within  the  stipulated
           period,   we    allow   the   application    and    permit    the
           petitioners/applicants Nos.1 and 2, to leave India and to  remain
           in the Republic of Italy for a period of four weeks from the date
           of departure from India.   They shall travel to Italy, remain  in
           Italy and return to India under the care, supervision and control
           of the Italian Republic and  shall  also  report  to  Chankyapuri
           Police Station, New Delhi, both at the time  of  their  departure
           and on their return.
           8.   The Republic of Italy will provide the address  and  contact
           details of the  petitioners/applicants  Nos.1  and   2  and  also
           provide further information about their movements in Italy to the
           Chankyapuri Police Station,  New  Delhi,  during  their  stay  in
           Italy.   The petitioners shall also not  leave  the  Republic  of
           Italy, except  for  return  to  India.    On  their  return,  the
           applicants/petitioners Nos.1 and 2, shall once again be bound  by
           the  conditions contained in the Order passed by  this  Court  on
           18th January, 2013.
           9.    By  the  aforesaid  Order/judgment,  this  Court  had  also
           directed that since the passports of  the  petitioners/applicants
           Nos.1 and 2 had been surrendered to the trial  court  in  Kollam,
           the same were to be transferred by the said  Court  to  the  Home
           Ministry, immediately upon receipt of a  copy  of  the  judgment.
           It is submitted by Mr. Salve,  on  instructions,  that  the  said
           passports have been sent by mail by the Court  concerned  and  is
           yet to reach the Home  Ministry.    In  such  circumstances,  the
           applicants/petitioners Nos.1 and 2 will be entitled to travel  to
           Italy  and  to  return  to  India  on  the  basis  of   temporary
           passports/travel documents and the Ministry of Home Affairs shall
           direct the Foreigners Regional Registration  Office,  to  provide
           the said petitioners/applicants with the necessary exit  and  re-
           entry  visas  on  the  said  temporary  travel  documents.    The
           Ministry of Home Affairs, Government of India, shall also  inform
           the authorities  of  the  Indira  Gandhi  International  Airport,
           including the Bureau of Immigration and the C.I.S.F.concerned, of
           this Order.
           10.  The condition Nos.1 to 4  of  the  directions  contained  in
           respect of the judgment/Order of 18th January, 2013, are  relaxed
           to the extent indicated in this Order.   On their return to India
           at  the  end   of   the   period   hereby   granted,   the   said
           petitioners/applicants Nos.1 and  2 would once again be bound  by
           the said conditions in their full force.
           11.  Let the undertaking by the petitioner Nos.1 and 2, be  filed
           in Court today within 2.00 p.m.
           12.  Let copies of this order be made available  to  the  learned
           advocates of the respective parties.   In addition, let copies of
           the same be also sent to the Home Secretary, Foreigners  Regional
           Registration Office, Bureau of Immigration, CISF,  Indira  Gandhi
           International Airport and to the D.C.P. IGI Airport,  which  will
           act on the basis thereof, immediately on receipt of the same.
           13.  I.A.4 is disposed of with the aforesaid directions.
           14.  Let the original additional affidavit dated 19/02/2013 filed
           in Court today be taken on   record.
           15.  The learned ASG is unable to tell us today   as  to  whether
           the procedure for constitution of the Special Court  directed  to
           be set up by the Central Government,  in  consultation  with  the
           Chief Justice of India, has been initiated or not.   In the event
           steps have not been taken to constitute  the  Special  Court,  as
           directed, the Central Government is directed to  do  so,  without
           any further delay.

                                                ........................CJI.
(ALTAMAS KABIR)

                                 ..........................J
                                (ANIL R. DAVE)

                                                 ..........................J
                       (VIKRAMAJIT SEN)
          NEW DELHI;
          February 22, 2013.

ITEM NO.42               COURT NO.1             SECTION XIA

            S U P R E M E   C O U R T   O F   I N D I A
                         RECORD OF PROCEEDINGS

IA 4/2013  in
Petition(s) for Special Leave to Appeal (Civil) No(s).20370/2012

(From the judgement and order  dated 29/05/2012 in WPC No.4542/2012 of The
HIGH COURT OF KERALA AT ERNAKULAM)

MASSIMILANO LATORRE AND ORS.                      Petitioner(s)

                 VERSUS

UNION OF INDIA AND ORS.                           Respondent(s)

( for directions and office report ))

Date: 22/02/2013  This Petition was called on for hearing today.

CORAM :
        HON'BLE  THE CHIEF JUSTICE
        HON'BLE MR. JUSTICE ANIL R. DAVE
        HON'BLE MR. JUSTICE VIKRAMAJIT SEN

For Petitioner(s)       Mr. Harish N.Salve, Sr. Adv.
                        Mr. Suhail Dutt, Sr. Adv.
                        Mr. Diljeet Titus, Adv.
                        Mr. Viplav Sharma, Adv.
                     Mr. Jagjit Singh Chhabra, AOR
                        Mr. Achint Singh Gyani, Adv.

For Respondent(s)       Mr. P.P. Malhotra, ASG.
                        Mr. S.A. Haseeb, Adv.
                     Mr. B. Krishna Prasad, AOR

                        Mr. V.Giri, Sr. Adv.
R.2                  Mr. Ramesh Babu M.R., AOR
                        Mr. Sushruj Jindal, Adv.

           UPON hearing counsel the Court made the following
                               O R D E R

                In terms of the signed order, the I.A.4 is disposed of.
                Let the original additional affidavit dated 19/02/2013 filed
           in Court today be taken on   record.
                The learned ASG is unable to tell us today   as  to  whether
           the procedure for constitution of the Special Court  directed  to
           be set up by the Central Government,  in  consultation  with  the
           Chief Justice of India, has been initiated or not.   In the event
           steps have not been taken to constitute  the  Special  Court,  as
           directed, the Central Government is directed to  do  so,  without
           any further delay.

|(Sheetal Dhingra)                     | |(Juginder Kaur)                     |
|Court Master                          | |Assistant Registrar                 |

                [Signed order is placed on the file]
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