The Italian Marines have been accused of shooting two fishermen from Kerala in 2012. (Reuters)
The Supreme Court bench headed by Chief Justice of India HL Dattu today referred to another bench a plea of Massimiliano Latorre, one of the two Italian marines accused of killing Indian fishermen in 2012, seeking extension of his stay in Italy on health grounds.
The bench also comprising Justice AK Sikri said, "It is not proper for us to take up the application because we have earlier expressed some reservations and made certain observations".
The bench, while noting that later some other development had taken place, said, "Let it be placed before another bench."
The bench was referring to the heart surgery undergone by Latorre on January 5.
While posting the matter for hearing on Wednesday, the bench in its order said, "On earlier occasion, an application filed by the petitioner had inter-alia made a plea seeking more or less the same relief. While hearing the said application, we had made certain observations.
"Having made the observations on the application filed earlier we deem it not proper to take up the application for hearing and post it before another bench day after tomorrow," the bench said.
Latorre, one of the two Italian marines facing murder charges in the fishermen killing case had, on January 7, moved the apex court seeking extension of his stay in Italy on the ground that he had undergone a heart surgery on January 5.
The case against marines pertains to the killing of two Indian fishermen allegedly by Latorre and Salvatore Girone on board ship 'Enrica Lexie' off Kerala coast on February 15, 2012.
The bench had earlier refused to grant the extension to Latorre and had also rejected the plea of co-accused Marine Salvatore Girone, who had sought the apex court's nod to go to Italy to celebrate Christmas saying they cannot get such "leeway".
Latorre was allowed by the apex court to go to Italy on September 12, last year for four months for medical treatment and recovery after he suffered a stroke here on August 31.
Later, Latorre had sought extension on the ground of scheduled heart surgery on January 8, which was denied.
The complaint was lodged by Freddy, the owner of the fishing boat 'St Antony', in which the two Indian fishermen were killed when the marines started firing on them allegedly under the misconception that they were pirates.