The Delhi High court recommend the name of Chief Metropolitan Magistrate of the Patiala House courts here in New Delhi for conducting the proceedings in the case of killing two Indian fishermen off Kerala coast in which two Italian marines are the accused
According to high court sources, the name of Amit Bansal, CMM of New Delhi district, has been forwarded to the Centre after the Union government had approached High Court to set up a special court to hear the case against Italian marines Massimiliano Lattore and Salvatore Girone.
The Supreme Court, on January 18, had directed the Centre to constitute a special court after which it had on March 23 asked the high court to set up a court. Italy is also pressing for quickly setting up the Special Court.
The two marines, who were allowed by the apex court on February 22 to go to Italy for four weeks to cast their vote in the general elections there, and had returned on March 22.
The Kerala police, on May 18 last year, had filed a charge sheet in a court at Kollam in Kerala against the two marines charging them for the offence of murder under IPC and also invoking the International Maritime Law.
After filing of the charge sheet, the marines had moved the superior courts, including the apex court, challenging the jurisdiction to try them in India alleging that the alleged offence had took place in “International waters”.
The Supreme Court, however, had dismissed their plea and had directed the Centre to set up a special court outside Kerala to hold the trial in the case.
According to the sources a official notification for setting up of the special court will follow and it will be issued by the Delhi Government.
As per the provisions of CrPC, a murder case is triable exclusively by a sessions court and a magistrate will have to commit the case to a sessions judge for trial after taking cognisance of the charge sheet.
On February 22, the apex court had questioned the government as to why it was “dragging its feet” on the issue of setting up a special court for trying the two marines.
It had also taken exception to the Centre not following the apex court’s January 18 direction to consult the Chief Justice of India for setting up a special court.
The two marines were on board an Italian vessel ‘Enrica Lexie’ when they allegedly shot dead two fishermen off the Kerala coast on February 15, last year.