New Delhi: In a big setback to the two Italian nationals, who are facing trial for killing two Indian fishermen off Kollam coast, the Supreme Court on Friday said that a special court be set up to try them.
The apex court, while responding to a petition filed by the two Italian marines, maintained that the Kerala government and its police have no jurisdiction to try them as the incident took place in international waters.
The apex court, however, said that the case comes under the jurisdiction of the Government of India and it can prosecute the two Italian nationals for killing two Indian fishermen.
The apex court, in its ruling, directed the Centre to set up a special court in consultation with the Chief Justice of India to prosecute them.
In their petition, the Italian nationals have argued that Kerala government has no jurisdiction to register case against them as the incident took place in international waters.
The Italian nationals have also sought the quashing of criminal case against them.
The two marines were recently allowed by the Kerala High Court to go back to their home for celebrating Christmas and New Year with their family. They returned to Kerala on January 4, 2013.
The two Italian marines, Latorre Massimillano and Salvatore Girone, allegedly killed two Indian fishermen off Kollam coast on February 15, 2012 mistaking them as pirates.
The two were deployed as the security crew aboard the Italian cargo vessel Enrica Lexie.