Behind The Italian Marines Deal

On the day the Narendra Modi-led government at the centre completed two years in office, the Supreme Court allowed Italian marine Salvatore Girone to leave the country after the government said it had no objection on 'humanitarian grounds'. On May 2, a U.N. arbitration court had held that India should release Girone.

Girone and another Italian marine, Massimiliano Latorre, were accused of shooting at and killing two Indian fishermen off the Kerala coastline while on duty aboard a private ship. The Italian government had paid heavy compensation to the families of the victims. An international dispute resolution court is now deciding whether India has jurisdiction to try the Italian marines for murder in India.

In 2014, during an election rally in Assam ahead of the 2014 Lok Sabha polls, Modi had come down heavily on the then UPA-led government for allowing Latorre to return to Italy after he suffered a stroke in India. Modi had tweeted on March 31, 2012: "Italian marines mercilessly killed our fishermen. If Madam is so 'patriotic' can she tell us in which jail they are lodged?"

On May 25, a vacation bench court of the Supreme Court finally allowed them to go after the union government said it waived its earlier objections on humanitarian grounds since the marine had been living in the Italian embassy for the last four years.

There are a series of noteworthy events that led to the eventual release of the marine which have found place in the country's political discussion.

Controversy

§ The government's changed stand to allow the Italian marines to leave came right after the Kerala election. The marines issue had played on the campaign agenda of political parties, including the BJP, in the run up to the state polls.

§ The regular bench of the apex court is away on vacation. The current order was passed by Justice PC Pant and DY Chandrachud (who took oath a week ago).

§ Defence middleman Christian Michel had claimed that Modi had tried to strike a deal with the Italian government – freedom for the marines in exchange for proof on the Gandhi family's involvement in the Augusta deal. Michel played a key role in India's VVIP chopper deal with Finmeccanica and is wanted for questioning by Indian investigative agencies.

§ Michel had said that if the marines were not freed, the alleged private conversation between Modi and the Italian prime minister would be revealed in which he asked for evidence on the Gandhis. An Italian court (of an Indian high court level) has concluded that bribes were paid for the Augusta VVIP chopper deal.

§ The Augusta Westland helicopter issue has played out and outlived its role, timed simultaneous to the last session of the parliament.

§ In Italy, there has been a robust campaign to portray India as a third world nation with a slow criminal justice system

§ In the last two months, there have been several TV debates and newspaper editorials and columns, where the 'humanitarian' ground has been overplayed to death around the apex court hearings.

Other key facts

In 2012, the marines were allowed to go home for Christmas on an undertaking by the Italian Ambassador to India.

In 2013, the marines had also been allowed to go home to vote on a similar diplomatic undertaking even though they could have voted from India

After the 'voting' trip, the Italian government said the marines wouldn't return to India. SC responded by banning the Italian Ambassador Daniele Mancini from leaving the country till the marines returned. Senior advocate Harish Salve pulled out after the Italians made this statement without taking him into confidence.

There are simultaneous criminal proceedings in both India and Italy against the marines. (max sentence for the crime under Italian law – 21 years)

India dropped the death penalty clause along the way.

In the arbitration proceedings, Italy has created the impression that India's justice system was not equipped to handle such cases.