Supreme Court of India has today stayed all the proceedings against the Italian marines in relation to the Enrica Lexie incident.
The bench comprising of Justices Anil R Dave, Kurian Joseph and Amitava Roy passed the order on a joint request of senior counsel Soli Sorabjee appearing for the Italian marines and Additional Solicitor General P.S. Narsimha, for adjourning the hearing. ASG Narsimha was also a part of the legal team representing India before the International Tribunal for the Law of the Sea (ITLOS).
The two marines have also filed petitions before the Supreme Court questioning the NIA probe into the incident wherein the marines had allegedly killed two Indian fishermen.
ASG Narsimhan told the bench that the Government of India is bound by the order passed by ITLOS and court should also honour the same. He further informed court that a five-member tribunal (ITLOS Annex VII arbitral tribunal) would be set up, probably, in a month to decide the issue of jurisdiction. Senior advocate Soli Sorabjee requested the Court that the matter be “adjourned sine die” till another tribunal decides jurisdictional issue and the same can be revived by either of the parties. However the bench did not agree with the suggestion and fixed the matter for further hearing in the third week of January, 2016. [PTI]
Court has suspended the following cases:
- Writ Petition (C)No.236 of 2014 (tagged with Special Leave Petition (C) No.20370 of 2012 by order dated 28th March, 2014).
- I.A.No.5 of 2014 in Special Leave Petition (C) No.20370 of 2012
- Writ Petition (C)No.919 of 2014 (tagged with I.A.No.5 of 2014 in Special Leave Petition (C)No. 20370 of 2012 by order dated 10th November, 2014).
- R.C.No.04/2013/NIA/DLI pending before the Special Designated Court, Patiala House Courts, New Delhi. I.A.No.3 of 2015 stands disposed of in view of the above order.
On 13 July 2015, Supreme Court had granted permission to sergeant Latorre to stay in Italy for another six months for medical treatment. Sergeant Girone is also out on bail in India.
On 24 August 2015, by a majority opinion of 15:6, ITLOS had asked both India and Italy to suspend all court proceedings and refrain from initiating new ones which might aggravate or extend the dispute submitted to the ITLOS for arbitration by Italy or might jeopardize or prejudice the carrying out of any decision which the arbitral tribunal may render.
ITLOS has further asked Italy and India to submit to it, the initial report on compliance of aforesaid measures not later than 24 September 2015.
Read Order:
http://onelawstreet.com/wp-content/uploads/2015/08/italianmarines26august2015.pdf
