- (1.) This is an application filed by the Republic of Italy ("Italy"), pursuant to an order dated 29th April, 2016 of the Annex VII Arbitral Tribunal prescribing provisional measures in the dispute between Italy and India in respect of the "Enrica Lexie" incident for the purposes of seeking relaxation of the bail conditions of Sergeant Major Salvatore Girone. The prayer made in the application reads as under:- "a) relax the bail conditions, in the terms described above, on Sergeant Major Salvatore Girone, as contained in this Hon'ble Court's consequential Order dated 18.01.2013 modifying the Kerala High Court Order of 30.05.2012, to enable him to return to Italy until a final decision by the Annex VII Arbitral Tribunal on the merits of the case that finds that India has jurisdiction over him in respect of the "Enrica Lexie" incident; b) And to facilitate the same by : (i) directing the Ministry of Home Affairs, Government of India to direct the Foreigners Regional Registration Office, to provide Sergeant Girone with the necessary Residential Permit and Exit Visa and to inform the authorities at the Indira Gandhi International 3 Airport, including the Bureau of Immigration and the concerned CISF and other security authorities of these directions; (ii) directing issuance of a copy of the directions of this Hon'ble Court to the Home Secretary, Foreigners Regional Registration Office, Bureau of Immigration, CISF, Indira Gandhi International Airport and to the DCP, Indira Gandhi International Airport to act on the basis thereof, immediately on receipt of the same."
(2.) Mr. P.S. Narasimha, learned Additional Solicitor General states that the Union of India has no objection subject to what has been stated in the Reply Affidavit filed on 24th May, 2016.
(3.) Paragraph 7 of the Reply Affidavit filed on behalf of the Union of India reads as follows: "That accordingly, for India to be in compliance with the Order of the Tribunal, binding on it under international Law, the Union of India respectfully prays to this Hon'ble Court to grant the prayer in Republic of Italy's Application to vary the existing bail conditions of Sergeant Girone to enable him to remain on bail in Italy during the Annex VII arbitration as prescribed by the Tribunal, and prescribe the additional bail conditions referred to in paragraph 5 above".;