SC defers Italy's plea for quashing marines' trial till August 16

The Supreme Court today deferred till August 16 its decision on the Italian government's plea to quash the ongoing trial of two of its marines for allegedly gunning down two Indian fishermen off Kerala coast in February this year.

A bench of justices Altamas Kabir and J Chelameswar, which initially wanted to stay the trial, refrained from doing so after Kerala counsel Ramesh Babu submitted that framing of charges in the case by a trial court was scheduled on August 16 and it would be appropriate if the apex court takes a decision on that basis.

Additional Solicitor General Indira Jaising also opposed the plea for staying the trial and sought permission to file her response on the issue.

Earlier, senior counsel Harish Salve assailed the Kerala High Court order on the ground that it virtually held the marines guilty by using observations like "brutal murder," "Italian government did not act in a bonafide manner," while dealing with Rome's petition challenging the jurisdiction of Indian courts to deal with the incident.

The apex court had earlier issued notices to the Centre and the state government on the plea, which also sought a stay on all criminal proceedings against the two Italian naval officers, Chief Sargent Massimiliano Lattore and Sargent Salvatore Girone.

The court was hearing a petition filed by the Italian government and its two marines, challenging the May 29 order of the high court, which had held that the duo were liable to be tried by an Indian court.

The petitioners have also sought a stay on all further criminal proceedings in the case pending before a Kollam court contending that the Kerala Police had no authority to conduct the probe and courts in India have no jurisdiction as the incident occurred outside the Indian territorial waters.

The case pertains to the killing of two Indian fishermen by two Italian naval officers on board 'Enrica Lexie'. Fearing a pirate attack, the two officers had allegedly fired at the fishermen' vessel off Kerala coast, killing two of them.

The Italian government has contended that only the Military Court in Rome has the jurisdiction to prosecute the accused officers as only the Republic of Italy and its institutions (military and judicial) have the authority to deal with any inquiry and consequential legal proceedings against them.

According to the petition, the military officials, while protecting the Italian vessel from a pirate attack, allegedly fired upon a fishing boat 20.5 nautical miles in international waters due to which the two occupants of the boat lost their lives. The Indian territorial waters extend up to 12 nautical miles.

On May 2, in a conditional relief, the apex court had allowed the vessel to leave Indian shores along with crew members and remaining marines, subject to the condition that they make themselves available whenever required by authorities here during the investigation and prosecution of the two arrested marines who are in judicial custody.

It had directed the ship owner to execute a bond of Rs three crore before the Registrar General of the Kerala High Court as a surety for the presence of crew members and the vessel whenever required.

The apex court had, however, made it clear that its order would not affect the right of Kerala government to conduct the investigation and the prosecution of the two arrested marines.

After the incident, the two marines were arrested and charged with murder and lodged in the central prison in Thiruvananthapuram under judicial remand.