Massimiliano Latorre and Salvatore Girone, part of a military security team protecting a cargo ship off the coast of Kerala, say they thought the fishermen were pirates and fired shots to warn them off in February 2012.
The Supreme Court bench on Monday refused to hear the Italian marines' case, who have been accused of killing two Indian fishermen.
According to reports, Chief Justica of India H L Dattu recused himself from the case. Further details are awaited. Rome has harshly criticised New Delhi's decision to try the accused under an anti-piracy and anti-terrorism act.
Massimiliano Latorre and Salvatore Girone, part of a military security team protecting a cargo ship off the coast of Kerala, say they thought the fishermen were 'pirates' and fired shots to 'warn them off' in February 2012.
The case has become a sensitive political issue in both countries. In India, supporters of harsh penalties for the marines had marched on the streets, while in Rome the lights illuminating the Colosseum were turned off last year in a protest demanding the two be allowed to return home.
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