SC reserves verdict on Italian marines’ pleaSeptember 4th, 2012 - 10:36 pm ICT by IANS
New Delhi, Sep 4 (IANS) The Supreme Court Tuesday reserved its verdict on the pleas by the Italian government and its two marines seeking the quashing of charges against them and halting their trial for killing two Indian fishermen off the Kerala coast in February.
Chief Master Sergeant Massimilano Latorre and Sergeant Salvatore shot dead two Indian fishermen Feb 15, allegedly suspecting them to be pirates.
An apex court bench of Justice Altamas Kabir and Justice J. Chelameswar reserved the verdict after senior counsel V. Giri, appearing for Kerala, told the court that he would ask the advocate general of the state not to proceed with the trial of the two marines till the verdict was pronounced by the apex court.
Concluding his rejoinder arguments, senior counsel Harish Salve, appearing for the Italian government and the marines, told the court that the Kerala government had no jurisdiction to take cognizance of the offence committed 200 nautical miles in the sea. The exclusive economic zone (EEZ) was an area beyond and adjacent to the territorial sea.
Salve told the court that 1982 UN Convention on Law of the Sea recognised the sovereign rights of the country for exploring and exploitation of the natural resources and no other sovereign rights.
He said that Kerala had the local jurisdiction which was on a part of the state or the state as a whole and the same could not be extended to the EEZ.
Giri said that the UN convention could not be read in the case of the two Italian marines as it had no legislative backing by parliament.
Kerala told the court that based on the notification issued by the central government, the both the Criminal procedure code and the Indian Penal Code would apply in the case of two marines.
The central government earlier told the court that the two Italian marines enjoyed no sovereign immunity and were liable to face prosecution under the Indian laws.
- Italian marines' plea: SC notice to centre, Kerala - Jul 19, 2012
- Centre opposes plea for stay on Italian Marines' trial - Aug 08, 2012
- No sovereign immunity for Italian Marines, centre tells SC - Aug 31, 2012
- Italian ship's release difficult unless commitment on marines: Court - May 01, 2012
- Apex court notice on Italy's plea for custody of two marines - Apr 23, 2012
- Italy moves apex court for marines' custody, government flip-flops (Lead) - Apr 20, 2012
- Italy moves apex court for custody of its Marines - Apr 20, 2012
- Suprme Court permits Italian ship to leave (Lead) - May 02, 2012
- Supreme Court permits Italian ship to leave (Second Lead) - May 02, 2012
- Court stays trial of Italian marines till July 30 - Jul 24, 2012
- Italian ship may finally leave Kochi - May 04, 2012
- Italian ship set to leave - May 05, 2012
- No link between compensation, Italian marines's detention: India - Apr 24, 2012
- Fishermen shooting: Two Italians' police custody extended - Feb 23, 2012
- Fishermen paid damages, but Italian Marines face trial (Lead) - Apr 24, 2012
Tags: apex court, central government, chief master sergeant, cognizance, court bench, economic zone, giri, indian fishermen, indian penal code, italian government, kerala coast, kerala government, latorre, law of the sea, nautical miles, rejoinder, senior counsel, sovereign immunity, sovereign rights, territorial sea