Italian marines to move to Delhi: SC
The apex court also said that during their stay in Delhi, the Italian marines would be under its jurisdiction, while clarifying its ruling that the Kerala government has no independent jurisdiction to try them.
An apex court 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.