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NEW DELHI: The Italian government on Friday approached India's top court demanding the release of the two Italian marines arrested by police in south India for allegedly shooting dead two fishermen.

The marines, Massimiliano Latorre and Salvatore Girone who are presently jailed in the southern state of Kerala, were deployed as guards on an Italian oil tanker.

The soldiers allegedly shot and killed two fishermen they mistook for pirates on February 15 and were arrested on February 19. The pair face murder charges in the trial court.

The Italian government challenged the criminal charges in a petition submitted to the Supreme Court which claimed the detention of the Italian marines on charges in a local Kerala court was "illegal".

"The Republic of Italy recognises Republic of India and not individual constituent units like the state of Kerala," stated the petition.

Italy says the marines should be prosecuted in their homeland because the incident occurred on an Italian-flagged vessel in international waters, but India says the incident took place in its waters off the state of Kerala.

The Supreme Court is expected to begin its hearing on the petition next week.

Copyright AFP (Agence France-Presse), 2012

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