New Delhi:
The Supreme Court will today take up petition by Italy challenging the action by Kerala police arresting the two marines, Massimilano Latorre and Salvatore Girone. The two Italian marines alleged to have killed two Kerala fishermen in Indian waters in February.
The court had issued notices to Centre and Kerala. The Centre, in its reply yesterday, supported the Kerala government over their decision to arrest the two Italian marines. The Centre told the court that the Italian government had no right to approach the top court stating its fundamental rights are violated.
"The Italian government's petition is not maintainable because of individuals can approach the court for violating fundamental rights, not a Republic like Italy. A similar petition is pending before the Kerala High Court, so the Supreme Court should dismiss the current petition," the Centre said in an affidavit filed in the Supreme Court yesterday.
"The Indian Penal Code extends to an area of 200 nautical miles from the base line, so Kerala has the right to prosecute the marines," the affidavit also said.
The Italian government had approached the Supreme Court challenging the Kerala government over its decision to arrest two of its marines. In court, the Italian government had said that the case is a matter between two countries and that the Kerala government does not have the power to probe the case.
The two Italian marines, who had allegedly shot dead two Kerala fishermen Valentine and Ajesh Binki, suspecting them to be pirates, were arrested and have been charged with murder. They are lodged in Thiruvananthapuram Central Jail.
Their arrests have become a matter of diplomatic dispute between India and Italy, which wants the marines to be sent home and tried there. Italy contends that the shooting took place in international waters. India refutes that claim. The marines say they mistook the fishermen for Somalian pirates.