marines in the vessel, engaged for security duty. Of them, two
Italian marines - Massimilano Latorre and Salvatore Girone -
petitioners 1 and 2, were identified ... authority to
register a case or to arrest the Italian marines. Since the alleged
incident occurred at High Seas, as per the UNCLOS to which
reportedly sailing from Singapore to Egypt. That during the investigation
two Italian Marines – petitioner nos. 1 & 2 herein were identified as the ones ... Verified
Digitally signed by
GULSHAN KUMAR
ARORA
and produce the Italian Marine Naval officials before the Magistrate by filing Writ
Date
reportedly sailing from Singapore to Egypt. That during the investigation
two Italian Marines – petitioner nos. 1 & 2 herein were identified as the ones ... conduct the investigation or to arrest
and produce the Italian Marine Naval officials before the Magistrate by filing Writ
Petition No. 4542 of 2012 before
certain special cases."
This principle was not extended to the Italian mariners there, because of the
spill over effect inasmuch as the Italian Mariners ... respect its provisions as held by the Supreme Court
in the Italian Mariners case. In para 107 of the Italian Mariners case, it
is stated
lastly urged that in order to understand the presence of the
Italian marines on board the M.V. Enrica Lexie, it would be necessary ... pointed out that the said Agreement provides for the
presence of Italian marines, belonging to the Italian Navy, to provide
protection to private commercial ships
parties. He referred to a
newspaper report pertaining to firing by Italian Marines, off the shore near
Cochin, in which two fishermen died and said
revealed that firing was
resorted to by two out of six Italian marines, who were responsible
for protecting the vessel from pirates. The stand ... that the crew had no control over action of marines deputed by
the Italian Government. The limited issue in that case was whether
the vessel
Latorre and Anr. Vs. State of
Kerala , commonly known as the Italian Marines'
Case being an order passed by the Hon'ble High ... High
Court at Kerala in the Italian Marines' case (supra).
Therefore, this Court is inclined to afford the
privilege of bail to the petitioner
Supreme Court while dealing with the case of Italian Marines in the
murder of two Indian Fishermen held that refusing permission to the
ship
revealed that firing was resorted to by two out of six Italian
marines, who were responsible for protecting the vessel from
pirates. The stand ... that the crew had no
control over action of marines deputed by the Italian
Government. The limited issue in that case was whether the
vessel
