Indian courts can try Italian marines: Kerala HC
Kochi: In a setback to efforts by Italy to secure release of its two marines charged with murder of two Indian fishermen, the Kerala High Court on Tuesday turned down its plea for quashing an FIR against them, holding that they were liable to penal jurisdiction of Indian courts.
Terming the killing of fishermen by the marines on board `Enrica Lexie` in February off Kerala coast as "brutal" and "cruel", Justice P S Gopinathan said the accused were not entitled to sovereign immunity and also imposed a cost of Rs one lakh on them.
The shooting was `cruel` and `brutal` and hence it can be inferred that they (marines) did so on their own. "Shooting cannot be said to be an act of sovereign function and the marines are not entitled to sovereign immunity," it said.
Dismissing the petition filed by Italian Consul General in Mumbai Giampalo Cuttilo and marines -- Latore Massimilliano and Salvatore Girone, Justice Gopinathan imposed a cost of Rs one lakh on the two accused, payable within two weeks.
The petitioners, who had also sought a stay on all further proceedings in the case pending before a Kollam court, contended that Kerala Police had no authority to conduct the probe and courts in India have no jurisdiction as the incident occurred beyond the Indian territorial waters.
Rejecting the contention, the court said Kerala police has jurisdiction to investigate the case and courts have the jurisdiction to try the case and it was not an invasion.
"The marines are liable to the penal jurisdiction of Indian courts and police was right in registering a case and proceeding with investigation irrespective of the fact that they were on board a foreign vessel," the court held.
The High Court made it clear that the trial court shall consider the contentions of the marines untrammelled by the observations in its judgement.
More from India
More from World
More from Sports
More from Entertaiment
- One year of Modi govt: PM promises to fulfil aspirations
- Watch: Mumbai cops find new secret agents in housewives!
- Hundreds die as heat wave continues in India
- 2G scam: Ex-TRAI chief alleges Manmohan Singh had warned him to cooperate
- Pranab Mukherjee defends Bofors scam, says it was just a media trial
- Salman Khan attends sister Arpita's wedding reception in Mandi
- Zee Media's mega survey on Modi govt
- Zee Media Exclusive: Vidya Balan chats about 'Hamari Adhuri Kahani'
- Para athlete Deepa Malik complains of callous service by Air India
- I eat beef, can somebody stop me?: Kiren Rijiju hits back at Naqvi
- Smriti Irani visits Amethi, promises to pay insurance money to 25,000 women
- Delhi: Visually impaired boy scores 91.4% in CBSE 12th Board exams
- One year of Modi govt: Amit Shah addresses media
- MP: 14-year-old boy works as bonded labour since 2009
- UP: Man chops off wife's nose, hair for dowry
- Arpita-Aayush wedding reception: Salman Khan spreads love in Mandi, says `hum aapke hain`
- One year of NDA govt: PM Modi writes open letter to nation, promises to transform India
- CBSE Class 10 Board Result 2015 (cbse.nic.in, cbseresults.nic.in) postponed?
- World optimistic about India: PM Narendra Modi on 1 year of NDA govt
- MSBSHSE Class 12th HSC results 2015 to be declared at 1pm tomorrow
- CBSE Class 10 Board Result 2015 to be announced today
- Check mahresult.nic.in for MSBSHSE Maharashtra Class 12 HSC Result 2015
- Rahul Gandhi takes a dig at one year of Modi govt, wishes 'happy birthday' to 'suit-boot ki sarkar'
- Bharatiya Janata Party lacks majority for Ram Temple, Article 370: Amit Shah
- Maharashtra MSBSHSE HSC Result 2015 on mahresult.nic.in
- AAP govt moves resolution against MHA notification: As it happened
- I was misquoted, says Kiren Rijiju on 'beef' remark
- Heatwave kills 90 more in Andhra, Telangana; toll crosses 800
- Gujjars adamant on holding talks in Bayana; rail tracks remain blocked
- CBSE 10th result to be declared tomorrow