The two Italian marines, Massimiliano Latorre and Salvatore Girone, had allegedly killed two Indian fishermen off Kollam coast on Feb 15, 2012 mistaking them as pirates. The two were deployed as the security crew aboard the Italian cargo vessel Enrica Lexie.
The case comes under the jurisdiction of the Government of India and it can prosecute the two Italian nationals, the court said on Friday in its judgement. The apex court said a special court must be set up under the Chief Justice of India to prosecute them.
In their petition, they had argued that Kerala government had no jurisdiction to register case against them as the incident took place in international waters. They had also sought the quashing of criminal case against them.
The two marines were recently allowed by the Kerala High Court to go back to their home for celebrating Christmas and New Year with their family. They returned to Kerala on Jan 4, 2013.