Kollam: A Kollam court on Monday remanded the two Italian Naval guards, accused of killing two Indian fishermen, in judicial custody for two weeks till March 5 and sent them to police custody for three days. The Italian marines were taken back to Cochin for further investigation.
In court, the Italians argued that the shooting took place 33 nautical miles out in the sea, which is outside India's territorial water and hence the case cannot be tried in India.
In response, the Public Prosecutor said they will take into account all data as part of the probe.
The captain of the ship has not been charged but has been questioned.
"If investigations lead to the involvement of the Captain of the ship, then he too will be made a party to the case. Under Section 302, Italians told court that probe can't be done in India and argued that they should be tried under Italian law," said the Public Prosecutor.
The accused are expected to seek diplomatic immunity, saying the probe is on in Italy and investigators will seek help from India when needed. But India isn't expected to buy any of these arguments.
The Italian Naval guards were produced at the House of Magistrate in Kollam on Monday, five days after the two Indian fishermen were killed in firing from their cargo ship off Kerala coast. Youth Congress and BJP workers were seen protesting outside the Magistrate's residence in Kollam.
Earlier, Italian lawyers claimed that they have begun a separate probe into the alleged killings of two Indian fishermen in Italy and will ask Indian authorities to allow them to continue the probe in Italy itself.
The lawyers also said that Italy will invoke the UN law and ask for diplomatic immunity for the two arrested naval personnel. Both men who allegedly shot dead two Indian fishermen were taken into custody on Sunday.
Meanwhile, Shipping Minister GK Vasan said in Chennai on Monday said that the killing of two Indian fishermen off the Kerala coast in firing allegedly by two Italian marines on board an oil tanker is an 'unpardonable crime' and the guilty would be punished.
Two fishermen, Ajesh Binki (25) and Jalastein (45) last week set out to sea in a boat along with nine fellow fishermen from Neendakara fishing harbour. They were allegedly killed by the marines of the ship who fired at their boat on February 15.
The Italian authorities have contended that the fishing boat was fired mistaking it to be a pirates' vessel.
After four days of negotiations involving Indian and Italian diplomats, the Naval guards were arrested by police in Kochi on Sunday.
They were later questioned by a team of senior police officials including Kochi City Police Commissioner MR Ajith Kumar and Kollam SP Sam Christy Daniel.
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