The counsel for two Italian security officials arrested for shooting dead two Indian fishermen argued in the Kerala High Court on Thursday that the incident had taken place in international waters and the case could not be taken up in India.
Appearing for the Italians, Sunil Dutt told the court that the incident took place in the international waters and hence could only be tried in an international court of law.
Dutt appeared for the two arrested Italian marines, Latorre Massimillano and Salvatore Girone, seeking the quashing of murder charges filed against them in the trial court Monday.
Two Indian fishermen, Ajesh Binki, 25, and Gelastine, 45, were allegedly mistaken as pirates and shot dead by the security crew of cargo vessel Enrica Lexie Feb 15, about 14 nautical miles off Alappuzha in Kerala. The two Italian marines were arrested for the shooting Sunday night.
The director general of prosecution T. Asaf Ali told the court that the weapon used for committing the crime is yet to be recovered from the ship.
He said the police custody of the two Italians ends Thursday and police would need further custody as more investigations have to be carried out.
The court told the Italian counsel that the marines should cooperate with the probe.
The court asked notices to be served on the centre and the state. The case was posted for further hearing on February 28.