Additional Solicitor General (ASG) P S Narasimha told an Apex Court bench, headed by Justice A R Dave, that India, being a signatory to the International Convention, would participate in these arbitration proceedings. The ASG asserted that India had jurisdiction to try the Italian marines, Massimiliano Latorre and Salvatore Girone, as the alleged offence had taken place in the Indian waters.

The marines, who were on board ship 'Enrica Lexie', are accused of killing two Indian fishermen off the Kerala coast on February 15, 2012, under the misconception that they were pirates. The bench, which also comprised Justices Kurian Joseph and Amitava Roy, sought response from Union of India on the fresh plea of the Italian government that it has invoked international arbitration against alleged territorial jurisdiction of India to try the marines for homicide.

It asked the government to file its reply to the fresh Italian plea within two weeks and gave two weeks after that to the Italian government to file a rejoinder, if any. The bench also asked senior advocates Soli Sorabjee and KTS Tulsi, appearing for the marine, not to delay the hearing of the petition by which the jurisdiction of the National Investigation Agency to probe the case has been challenged.

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