Kochi: The Kerala High Court on Thursday admitted a petition filed by the Italian Government seeking to quash the First Information Report (FIR) registered against the two Italian Marines accused of killing two Indian fishermen off Alappuzha cost on February 15 last, and issued notices to the Centre and Kerala Government to file counter affidavits by February 28.
The court admitted the petition filed by Italian Consul General in Mumbai Gian Paolo Cutillo and the two accused, Latore Massimiliano and Salvatore Girone, and also sought to stay all the further proceeding in the case against the two Italian naval guards, arrested by the Kerala police in this connection and post to February 28 for further hearing.
The petitioners also sought a stay on all further proceedings in the case against the two marines and their release from police custody, as the alleged incident had taken place on international waters and not in Indian territory as the case was framed.
They also stated that the two marine guards had discharged as their duty, suspecting that the boat was controlled by pirates.
However, Deputy General of Police T Asif Ali, who appeared for Kerala, said since the case was very serious and if the accused were released at the moment, it would hampered further investigation in this regard.
He also said the case was at preliminary stage and there was need to recover two guns, which were used to fire at the fishermen from the ship. If the accused were release at this stage, it would affect the further investigation in the case, he submitted.
He also submitted that as the incident had taken place at Indian waters, action could be taken against them under Indian laws only.
In the meanwhile, Assistant Solicitor General V Parameshwaran Nair requested the court to implead Coast Guard as additional respondent in the case.
The court asked the Italian Government’s counsel, why did not they cooperate with the case.
Meanwhile, Abhinaya Xaier (17) and Aguna Xavier (15), sisters of Ajesh Binki (25), one of the two fishermen killed by the marines, today moved the High Court seeking Rs two crore as compensation.
They said the amount could be raised by selling the vessel through the High Court Registrar.
Doramma, wife of Jelestine alias Valentine (45), another fisherman killed, had already filed a petition in the High Court seeking Rs one crore as compensation. (PTI)