Centre to set up special court for Italian marines
19 Jan 2013 8:00 AM IST
In a setback to the Italian marines, Massimiliano Latorre and Salvatore Girone, accused of killing two Indian fishermen, Supreme Court on Friday turned down their government’s plea that Indian courts had no jurisdiction in the case and directed that their trial be conducted by a special court.
A bench headed by chief justice Altamas Kabir, however, said that Kerala government has no jurisdiction to prosecute the two foreign marines. It said the trial of the case, which is currently on at a court in Kollam in Kerala, will be conducted by a special court to be set up by the Centre after consulting the chief justice of India.
The bench passed the order on a petition filed by the Italian government through its ambassador questioning the jurisdiction of Indian courts in hearing the case against its marines.
The bench also did not specify where the special court is to be set up for and left it to the Centre to decide on the issue after consulting the CJI.
The Italian marines were arrested on 19 February last year for shooting to death two fishermen, Ajesh Binki (25) and Jelestine (45), from merchant vessel ‘Enrica Lexie’ off Alapuzha coast, ‘mistaking’ them for Somali pirates.
Both the marines and the Italian government petitioned SC to set them free, putting forward the argument that Kerala police can’t register case against them as the incident took place in international waters.
A bench headed by chief justice Altamas Kabir, however, said that Kerala government has no jurisdiction to prosecute the two foreign marines. It said the trial of the case, which is currently on at a court in Kollam in Kerala, will be conducted by a special court to be set up by the Centre after consulting the chief justice of India.
The bench passed the order on a petition filed by the Italian government through its ambassador questioning the jurisdiction of Indian courts in hearing the case against its marines.
The bench also did not specify where the special court is to be set up for and left it to the Centre to decide on the issue after consulting the CJI.
The Italian marines were arrested on 19 February last year for shooting to death two fishermen, Ajesh Binki (25) and Jelestine (45), from merchant vessel ‘Enrica Lexie’ off Alapuzha coast, ‘mistaking’ them for Somali pirates.
Both the marines and the Italian government petitioned SC to set them free, putting forward the argument that Kerala police can’t register case against them as the incident took place in international waters.
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