The Supreme Court said Friday that two Italian marines charged with shooting dead two Indian fishermen off the Kerala coast last year would shift to Delhi and report to a police station here every week till a special court is set up to try them.
The apex court also said that during their stay in Delhi, the Italian marines would be under its jurisdiction, while clarifying on its ruling that the Kerala government has no independent jurisdiction to try them.
The court also recorded that Italian embassy in New Delhi has agreed to take the responsibility of two marines. It said that two marines would report once a week to the station house officer, Chanakya Puri police station.
In its order passed after the lunch break, the court said that the Kollam trial court, with which the passports of two marines are deposited, would transfer them to the union home ministry.
A bench of Chief Justice Altamas Kabir and Justice J. Chelameswar had held that it was only the union of India that had the jurisdiction to try the two marines.
However, the court said the central government, in consultation with the chief justice, will set up a special court to hold the trial.
The Italian government will be free to raise the question that only it had the jurisdiction to to try the marines in Italy. The special court will then rule on this.
The Italian marines, Chief Master Sergeant Massimilano Latorre and Sergeant Salvatore Girone, on board the Italian cargo vessel Enrica Lexie, had shot dead two Indian fishermen Feb 15 last year suspecting them to be pirates.