The Supreme Court on Friday ruled that the Kerala government has no independent jurisdiction to try two Italian marines for shooting down two Indian fishermen off the Kerala coast last year.
The apex court bench of Chief Justice Altamas Kabir and Justice J. Chelameswar held that it was only the union of India that had the jurisdiction to hold the trial of the two marines Massimilano Latorre and Salvatore Girone.
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 point that it had the jurisdiction to conduct the trial of the two Italian marines in their own country.
Upon raising this issue of jurisdiction, the special court will decide the question whether the government of India or the Italian government has the jurisdiction to conduct the trial of the two marines under the maritime law.