South Carolina stays all proceedings against Italian marines

The Supreme Court on Wednesday adjourned till January 13, 2016 the hearing on the plea of two Italian marines questioning the NIA probe into the killing of two Indian fishermen as it was told that the worldwide tribunal for the law of the sea has asked both India and Italy to put on hold all the proceedings in the matter.

A three-judge bench comprising Justice A R Dave, Justice Kurian Joseph and Justice Amitava Roy allowed the joint request of India and Italy that the proceedings here be adjourned for now. The Indian government official Neeru Chanda said she was not disappointed, however, and commented that “the Hamburg Tribunal has not cancelled India’s jurisdiction, but has merely suspended it, pending a decision by the court of arbitration”. The ASG had said that India, being a signatory to the global Convention, would participate in the arbitration proceedings.

Additional Solicitor-General P.S. Narasimha, appearing for the Centre, and Soli J. Sorabjee, representing the Italian government, submitted before the Supreme Court that the global Tribunal for the Law of the Sea (ITLOS) had on August 24 directed for a stay on the proceedings.

The tribunal said that in addition to halting all current court proceedings, both countries should “refrain from initiating new ones which might aggravate or extend the dispute”.

India slapped murder charges against the marines – Salvatore Girone and Massimiliano Latorre, who were on guard duty on board the tanker Enrica Lexi on February 15, 2012.

The tribunal also ruled against Italy’s request for the marines to be freed while they await a decision.

Italy has claimed that the St Antony was in worldwide waters at the time of the incident and therefore the marines should be tried in Italy.