The Supreme Court on Friday turned down the plea of the Italian government challenging the jurisdiction of Indian courts to try two Marines from Italy accused of shooting to death two Indian fishermen in the Arabian Sea.
A bench headed by Chief Justice of India Altamas Kabir directed that the trial of the two Italian Marines be conducted by the Centre and a special court be set up for the same as the Kerala government has no jurisdiction over the two accused — Massimiliano Latorre and Salvatore Girone. The apex court also directed the Centre to consult the CJI before setting up the special court. The trial is at present being conducted by a court in Kollam, Kerala.
The bench passed the order on a petition filed by the Italian government through its ambassador questioning the jurisdiction of Indian courts. The apex court rejected the contention of the Marines that the sovereignty of India does not extend beyond its territorial waters and, therefore, the extension of the Indian Penal Code beyond Indian territorial waters is impermissible.
The bench, also comprising Justice J. Chelameswar, did not specify where the special court is to be set up for the trial and left it to the Centre to decide after consulting the CJI. The two Marines will be shifted to Delhi from Kerala and will be in the “custody” of the Supreme Court till the Centre constitutes the special court, the apex court clarified. The court said the Marines will remain in Delhi and will report to the Chanakyapuri police station till the special court is set up.
It also said their passports, which are in the custody of the court in Kerala, will be handed over to the ministry of home affairs. The top court said the Italian embassy will arrange for their stay and will monitor their movements. All the conditions imposed on them by the Kerala court while granting them bail will remain till the special court is set up, the Supreme Court added.