The Supreme Court Tuesday withdrew its March 14 restraining order that directed the government to ensure that Italian Ambassador Daniele Mancini did not leave India.
The apex court passed the order after the Italian government went back on its solemn promise to send back two of its marines, Massimiliano Latorre and Salvatore Girone, to face trial for killing two Indian fishermen off the Kerala coast Feb 15 last year, mistaking them for pirates.
The apex court bench headed by Chief Justice Altamas Kabir also enquired from Attorney General G.E. Vahanvati as to what steps the government has taken to set up a special fast track court to try the two marines in pursuance of its Jan 18 order.
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The court directed the listing of the matter on April 16 so that the government could inform it about the steps it has taken for setting up the fast track court.
The attorney general told the court that various steps have been taken in accordance with the Jan 18 order and correspondence in this regard was also going on.
Referring to some media reports, senior counsel Mukul Rohatgi appearing for the Italian government told the court that the trial of the case was being entrusted to a chief judicial magistrate (CJM) court and that the investigation into the case was handed over to the National Investigation Agency (NIA).
Rohatgi said that neither the NIA nor the CJM court have the jurisdiction to handle the case. However, Vahanvati pleaded with the court not to take cognizance of the media reports.
In its Jan 18 order, the court held that it was only the union of India that had the jurisdiction to try the two marines and told the central government to set up a special court in consultation with the chief justice to hold the trial.
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