India's apex court allows accused Italian marine to return home

India's Supreme Court Thursday said Italian marine Salvatore Girone charged with the murder of two Indian fishermen was free to return to his native country - Italy.

Girone was being held in the Italian Embassy in New Delhi.

The division bench of the Supreme Court said United Nations Tribunal would decide on the jurisdictional issue between India and Italy.

"The court asked Italian ambassador to file a fresh undertaking that Girone will return to India if tribunal decides in India's favour," an official said.

An international arbitration is ongoing in the case.

Girone, along with a fellow marine Massimiliano Latorre, was accused of killing two fishermen off the coast of Kerala in 2012.

The duo were guarding an Italian oil tanker off the Indian coast and said they mistook the fishermen for sea pirates and fired warning shots.

Following the fatal shooting, Indian authorities arrested the marines and initiated legal proceedings against them, a move opposed by Italy over the matter of jurisdiction. Italy said the shooting took place in international waters and insisted that the case be heard in an Italian court.

Earlier in 2014, Latorre was allowed by Supreme Court of India to travel to Italy on medical grounds. However, Girone was held back in India.

The issue strained relations between New Delhi and Rome, and both the countries were adamant that the case be heard in their respective courts. In a bid to end four years of legal battle, both countries last year agreed to move their dispute to the Permanent Court of Arbitration in The Hague.

India's state-run broadcaster All India Radio quoted Italy's foreign ministry saying it was satisfied with the court's decision. Endit