New Delhi: Italy on Friday moved the Supreme Court to secure custody of its two marines arrested in Kerala for allegedly killing two Indian fishermen. The Marines were posted on cargo ship M.V. Enrica Lexie when they killed the two fishermen, mistaking them to be pirates.

The Italian government in its petition moved through its ambassador in New Delhi urged the apex court to direct India to make over the custody of its two navy men, Chief Master Sergeant Massimilano Latorre and Sergeant Salvatore Girone, to the Italian government.

The petition said that the continued detention of the two Italian Marines by Kerala Police was illegal and ultra vires as it was violative of the principle of sovereign immunity and also violative of Articles 14 and 21 of the Indian Constitution.

The two Marines had allegedly mistaken Indian fishermen Ajesh Binki, 25, and Gelastine, 45, as sea pirates and shot them dead Feb 15, off Alappuzha in Kerala.The two Italian marines have been in judicial custody since Feb 20 and are currently lodged at the Thiruvananthapuram Central Prison.