The Kerala High Court has directed the counsel representing the Italians to file affidavits on the documents submitted in the court on a petition seeking to quash the FIR against two of its arrested naval personnel. The petition seeking to quash the FIR was filed by the two arrested naval personnel and the Italian Consul General in Mumbai, in the case of the killing of two fishermen off Kerala coast on the 15th of last month.Earlier, the counsel appearing for the Italians argued that the territorial waters of India extended only up to 12 nautical miles and the firing that killed the fishermen took place in the India's exclusive economic zone, which is in international waters. He said a ship is considered a floating territory of the state to which it belongs, and only the flag state of the ship has jurisdiction over an offence committed while the ship is in international waters. He also pointed out that Italian military detachments are deployed on all the ships to protect them from piracy and enjoyed functional immunity as they were on duty as per the directive of the Italian government. The court posted the hearing of the case to Tuesday.
News On AIR | March 2, 2012 5:44 PM
Kerala HC directs Italian counsel to file affidavits