Supreme Court stays legal proceedings against Italian marines accused of killing Indian fishermen

The Supreme Court today suspended legal proceedings against two Italian marines accused of killing two Indian fishermen as it took up a plea challenging New Delhi's jurisdiction in the case.

The latest development in the case which has hurt diplomatic relations between New Delhi and Rome, comes after Italy last month recalled its ambassador to India and summoned the Indian envoy to express concern at the delays in the court proceedings.

The court order today staying the proceedings against the marines came in response to a petition filed by the pair challenging the right of India's National Investigation Agency to investigate the case.

The agency which is India's top counter terrorism body initiated legal proceedings against the marines three months ago.

The SC has issued a notice to the NIA and the government of India and sought the centre's response on plea by Italian Marines challenging jurisdiction of NIA to prosecute and probe the case.

The case pertains to the killing of two Indian fishermen allegedly by the duo, Massimiliano Latorre and Salvatore Girone, on board Enrica Lexie. The two officers had opened fire at the fishermen's vessel off Kerala coast on 15 February, 2012, killing two of them apprehending a pirate attack. The marines were arrested on 19 February, 2012.

The NIA had earlier told the trial court that the charge sheet in the case would be filed after the apex court decided on the issue raised by the Italian government. The case is being heard by a Supreme Court bench headed by justice BS Chauhan. The plea was filed by ambassador of Italy Daniele Mancini and the two marines.

On 18 January, the Supreme Court, had held that the trial of the marines be conducted by the centre and had turned down the plea of the Italian government that Indian courts had no jurisdiction in the case.

The NIA had been allowed by the apex court to probe the case against the marines and directed the special court to conduct the trial on a day-to-day basis after the filing of the charge sheet.