An international arbitration court on Monday began hearing Italy's request to direct India to drop all criminal charges against two of its marines, accused of killing two Indian fishermen off the Kerala coast in 2012 and grant Rome jurisdiction in the case.
Italy took the issue to the Permanent Court of Arbitration in The Hague in 2015, saying the case should be tried under maritime law. India, however, insists that the accused should return to New Delhi for a final judgement by an Indian court.
Presently, the two marines - Massimiliano Latorre and Salvatore Girone - are in Italy.
Italy's representative Francesco Azzarello told the court on Monday that Rome should have jurisdiction over the case because the two marines were functionaries of the Italian state doing their duty on board an Italian flagged ship in international waters.
"In India's eyes there is no presumption of innocence: the marines were guilty of murder even before the charges were laid," he was quoted as telling the court by Italian news agency ANSA.
He also said, "there were unjustifiable postponements of the trial in India. Special procedures were invented in violation of the Indian Constitution."
In response, India's representative G Balasubramanian told the court, "Italy maintains it has the exclusive jurisdiction in the case but one must take into account the fact that India and the two fishermen are the victims in this case."
He said two fishermen aboard an Indian boat were killed by individuals who were on a merchant ship.