Notizie, Sentenze, Articoli - Avvocato Militare Trapani

Sentenza

(India): - c.d. caso Maro' : l’ordinanza che ha permesso loro di venire in Ital...
(India): - c.d. caso Maro' : l’ordinanza che ha permesso loro di venire in Italia, a condizione di tornare in India
IN THE SUPREME COURT OF INDIA 
 
 CIVIL APPELLATE JURISDICTION 
 
 IA 4 OF 2013 
 
 IN 
 
 SPECIAL LEAVE PETITION(C)NO. 20370 OF 2012 
 
 MASSIMILANO LATORRE AND ORS. Petitioner(s) 
 
 VERSUS 
 
 UNION OF INDIA AND ORS. Respondent(s) 
 
 O R D E R 
 
 1. IA No.4 of 2013 has been filed in SLP(C)No.20370 of 2012, 
 wherein we had passed certain Orders on 18th January, 2013, 
 permitting the applicants/petitioner Nos. 1 and 2, Mr. 
 Massimilano Latorre and Salvatore Girone, to travel to Italy for 
 a period of four weeks under the supervision, custody and control 
 of the petitioner No.3, the Ambassador of Italy to India, and 
 thereafter to return to India within the said period. 
 2. Pursuant to the said Order, the applicants/ petitioners 
 travelled to Italy and returned within the period specified in 
 the Order. 
 3. This application has now been made for further permission to 
 the petitioners/applicants Nos.1 and 2, to travel to Italy for 
 the purpose of casting their votes in the election scheduled on 
 24th and 25th February, 2013. In fact, the prayers in the 
 interlocutory application No.4 are as follows:- 
 "(a) In relaxation of the conditions imposed by this 
Hon'ble Court vide its order dated 18.01.2013, permit 
the Applicant No.1 and 2 to travel to the Republic of 
Italy under round the clock care/custody, control and 
supervision of the Applicant No. 3 for a period of 
four weeks and thereafter return to India within said 
time or such time as permitted by this Hon'ble Court; 
(b) direct the Respondents and their concerned 
departments/authorities to facilitate the 
international passage of the Applicant No.1 and 2 from 
New Delhi, India to Italy and thereafter, their travel 
back to New Delhi, India within four weeks and in that 
behalf direct the Union of India to release of their 
 passports forthwith and direction for grant of exit 
 visa by Foreigners Regional Registration Office and/or 
other authorities." 
 
 4. Having heard learned counsel for the applicants/petitioners, 
 as well as learned ASG, Mr. Malhotra and Mr. Giri, senior 
 counsel, appearing for the State of Kerala, we are inclined to 
 allow the prayers, as made. 
 5. It may be noted that an additional affidavit has been filed 
 by Daniele Mancini, Ambassador of Italy in India, representing 
 the applicant No.3, indicating that under the Italian laws, the 
 petitioners 1 and 2 are not entitled to cast their votes in their 
 present circumstances, and that they have to travel to Italy for 
 the said purpose. The said respondent has also affirmed an CONSULTA ONLINE 
2 
 
 Affidavit of Undertaking on 9th February, 2013, whereby he has 
 taken full responsibility for the petitioner Nos. 1 and 2 to 
 proceed to Italy in the custody and control of the Government of 
 Italy and to ensure their return to India in terms of this Order. 
 6. On behalf of the petitioner Nos.1 and 2, it has been 
 submitted by Mr. Harish Salve, learned senior counsel, that an 
 additional affidavit will also be filed on their behalf giving 
 the same undertaking for their travel to Italy and their return. 
 7. In that view of the matter and having regard to the fact 
 that once before the petitioner Nos. 1 and 2 had been permitted 
 to travel to Italy and they had returned within the stipulated 
 period, we allow the application and permit the 
 petitioners/applicants Nos.1 and 2, to leave India and to remain 
 in the Republic of Italy for a period of four weeks from the date 
 of departure from India. They shall travel to Italy, remain in 
 Italy and return to India under the care, supervision and control 
 of the Italian Republic and shall also report to Chankyapuri 
 Police Station, New Delhi, both at the time of their departure 
 and on their return. 
 8. The Republic of Italy will provide the address and contact 
 details of the petitioners/applicants Nos.1 and 2 and also 
 provide further information about their movements in Italy to the 
 Chankyapuri Police Station, New Delhi, during their stay in 
 Italy. The petitioners shall also not leave the Republic of 
 Italy, except for return to India. On their return, the 
 applicants/petitioners Nos.1 and 2, shall once again be bound by 
 the conditions contained in the Order passed by this Court on 
 18th January, 2013. 
 9. By the aforesaid Order/judgment, this Court had also 
 directed that since the passports of the petitioners/applicants 
 Nos.1 and 2 had been surrendered to the trial court in Kollam, 
 the same were to be transferred by the said Court to the Home 
 Ministry, immediately upon receipt of a copy of the judgment. 
 It is submitted by Mr. Salve, on instructions, that the said 
 passports have been sent by mail by the Court concerned and is 
 yet to reach the Home Ministry. In such circumstances, the 
 applicants/petitioners Nos.1 and 2 will be entitled to travel to 
 Italy and to return to India on the basis of temporary 
 passports/travel documents and the Ministry of Home Affairs shall 
 direct the Foreigners Regional Registration Office, to provide 
 the said petitioners/applicants with the necessary exit and re- 
 entry visas on the said temporary travel documents. The 
 Ministry of Home Affairs, Government of India, shall also inform 
 the authorities of the Indira Gandhi International Airport, 
 including the Bureau of Immigration and the C.I.S.F.concerned, of 
 this Order. 
 10. The condition Nos.1 to 4 of the directions contained in 
 respect of the judgment/Order of 18th January, 2013, are relaxed 
 to the extent indicated in this Order. On their return to India 
 at the end of the period hereby granted, the said 
 petitioners/applicants Nos.1 and 2 would once again be bound by 
 the said conditions in their full force. 
 11. Let the undertaking by the petitioner Nos.1 and 2, be filed 
 in Court today within 2.00 p.m. 
 12. Let copies of this order be made available to the learned 
 advocates of the respective parties. In addition, let copies of 
 the same be also sent to the Home Secretary, Foreigners Regional 
 Registration Office, Bureau of Immigration, CISF, Indira Gandhi 
 International Airport and to the D.C.P. IGI Airport, which will 
 act on the basis thereof, immediately on receipt of the same. CONSULTA ONLINE 
3 
 
 13. I.A.4 is disposed of with the aforesaid directions. 
 14. Let the original additional affidavit dated 19/02/2013 filed 
 in Court today be taken on record. 
 15. The learned ASG is unable to tell us today as to whether 
 the procedure for constitution of the Special Court directed to 
 be set up by the Central Government, in consultation with the 
 Chief Justice of India, has been initiated or not. In the event 
 steps have not been taken to constitute the Special Court, as 
 directed, the Central Government is directed to do so, without 
 any further delay. 
 
 ........................CJI. 
(ALTAMAS KABIR) 
 
 ..........................J 
 (ANIL R. DAVE) 
 
 ..........................J 
 (VIKRAMAJIT SEN) 
 NEW DELHI; 
 February 22, 2013. 
 
ITEM NO.42 COURT NO.1 SECTION XIA 
 
 S U P R E M E C O U R T O F I N D I A 
 RECORD OF PROCEEDINGS 
 
IA 4/2013 in 
Petition(s) for Special Leave to Appeal (Civil) No(s).20370/2012 
 
(From the judgement and order dated 29/05/2012 in WPC No.4542/2012 of The 
HIGH COURT OF KERALA AT ERNAKULAM) 
 
MASSIMILANO LATORRE AND ORS. Petitioner(s) 
 
 VERSUS 
 
UNION OF INDIA AND ORS. Respondent(s) 
 
( for directions and office report )) 
 
Date: 22/02/2013 This Petition was called on for hearing today. 
 
CORAM : 
 HON'BLE THE CHIEF JUSTICE 
 HON'BLE MR. JUSTICE ANIL R. DAVE 
 HON'BLE MR. JUSTICE VIKRAMAJIT SEN 
 
For Petitioner(s) Mr. Harish N.Salve, Sr. Adv. 
 Mr. Suhail Dutt, Sr. Adv. 
Mr. Diljeet Titus, Adv. 
Mr. Viplav Sharma, Adv. 
 Mr. Jagjit Singh Chhabra, AOR 
 Mr. Achint Singh Gyani, Adv. 
 
For Respondent(s) Mr. P.P. Malhotra, ASG. 
 Mr. S.A. Haseeb, Adv. 
 Mr. B. Krishna Prasad, AOR 
 
 Mr. V.Giri, Sr. Adv. CONSULTA ONLINE 
4 
 
R.2 Mr. Ramesh Babu M.R., AOR 
 Mr. Sushruj Jindal, Adv. 
 
 UPON hearing counsel the Court made the following 
 O R D E R 
 
 In terms of the signed order, the I.A.4 is disposed of. 
 Let the original additional affidavit dated 19/02/2013 filed 
 in Court today be taken on record. 
 The learned ASG is unable to tell us today as to whether 
 the procedure for constitution of the Special Court directed to 
 be set up by the Central Government, in consultation with the 
 Chief Justice of India, has been initiated or not. In the event 
 steps have not been taken to constitute the Special Court, as 
 directed, the Central Government is directed to do so, without 
 any further delay. 
 
|(Sheetal Dhingra) | |(Juginder Kaur) | 
|Court Master | |Assistant Registrar | 
 
 [Signed order is placed on the file]
Avv. Antonino Sugamele

Richiedi una Consulenza