KOCHI: The Kerala high court on Thursday allowed the two Italian naval guards, accused of fatally shooting two Indian fishermen close to the coast in the Arabian Sea on February 15, to visit Italy to be with their families for Christmas on a bank guarantee of Rs 6 crore (around $1.1 million). The shooting had triggered a major diplomatic stand-off between Indian and Italy, with the police beginning a murder inquiry against the two sailors who were part of the crew of oil tanker, MV Enrica Lexie.
Justice P Bhavadasan, who considered the petition by Massimiliano Latorre and Salvatore Girone, held that it would be improper of the court to reject their petition after the Central government informed the court that undertakings given by the Italian ambassador and consul general may be given due consideration.
Italy's ambassador to India Giacomo Sanfelice and consul general Giampaolo Cutillo had provided sworn affidavits ensuring return of the naval guards after a two-week visit to Italy. The government also gave a letter to the court from the foreign minister of Italy, certifying that the two officials were authorized to provide such an undertaking.
Allowing the petition, the court held: "Denial of relief to the petitioners is easy. But this court must remind itself of the whole issue. If the Union of India is of the view that after considering the various aspects and interests involved, the undertakings given to this court are sufficient guarantee to ensure that the petitioners will return to India as directed by this court, it may not be proper for this court to hold otherwise."
Dismissing the state government's contention that the motive of the petitioners was suspect, the court noted that it is for the Union of India to consider the acceptability and reliability of the undertakings and it will not be proper for the court to impose its view as those aspects fall within the realm of executive function. The case is not just regarding the presence of the naval guards for trial but, crucially, the relationship between two nations, the judge observed.
The court has asked the Italian government to furnish a bank guarantee of Rs 6 crore and as well as provide undertakings by the ambassador and consul general to ensure return of the naval guards on January 10 next year. The court also asked the Centre to issue the necessary travel documents if the undertakings were satisfactory to them.
Kerala high court permits naval guards to visit Italy for Christmas
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Kerala high court permits naval guards to visit Italy for Christmas
