KOCHI: The Kerala High Court on Tuesday adjourned the petition of Italy seeking to quash the first information report (FIR) registered against two of its naval personnel for the killing of two fishermen, to Friday. Justice P S Gopinathan issued the order while considering a petition filed by Italian Consul General Gian Paolo Cutillo, and the two accused - Latorre Massimiliano and Salvatore Girone - seeking to quash the FIR. The court will hear the arguments of Advocate-General and Director-General of Prosecutions on Friday. Counsel for the petitioners Suhail Dutt submitted that the Italians had functional immunity under the international law because they were on duty to protect the vessel against piracy. The offence did not take place in Indian territorial waters or on board an Indian vessel. Therefore, the FIR registration, the launching of an investigation into the incident, and the arrest of the two marines were illegal. Counsel submitted that during the World War between Italy and Germany a similar incident happened and the culprits were allowed to undergo trial in their homeland.
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