I.A. 4 of 2013 in SLP (C) No. 20370 of 2012. Case: Massimilano Latorre and Ors. Vs Union of India (UOI) and Ors.. Supreme Court (India)

Case NumberI.A. 4 of 2013 in SLP (C) No. 20370 of 2012
JudgesAltamas Kabir, C.J.I., Anil R. Dave and Vikramajit Sen, JJ.
IssueCode of Civil Procedure
Citation2013 (3) SCALE 13
Judgement DateFebruary 22, 2013
CourtSupreme Court (India)

Judgment:

  1. I.A. 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. Pursuant to the said Order, the applicants/ Petitioners travelled to Italy and returned within the period specified in the Order.

  2. 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.

  3. 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.

  4. 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 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...

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