New Delhi: The Supreme Court Tuesday declined applications by two Italian marines – accused of killing two Indian fishermen off Kerala coast – wherein one sought to extend his stay in Italy and the other wanted to go home to celebrate Christmas.

A bench of Chief Justice H.L. Dattu, Justice Madan B. Lokur and Justice A.K.Sikri declined the application by marine Chief Master Sergeant Massimiliano Latorre for two months’ extension to stay in Italy as he has to undergo a heart surgery Jan 8.

“Sorry we can’t entertain the supplication,” Chief Justice Dattu said declining the plea.

The apex court Sep 12 had allowed Latorre to go back to Italy for his treatment, recovery and rehabilitation or four months after he had suffered a brain stroke recently.

The court also declined a request by the other marine – Salvatore Girone – to go back home to celebrate Christmas with his family.

Senior counsel Soli Sorabjee, who appeared for the Italian marines, initially urged the court to grant four months extension to Latorre but scaled it down to two months finding the court reluctant. A

However, the court said neither the investigations have been completed nor a charge sheet has been filed before the court in the matter that relates to 2012.

The court said Latorre should come back and participate in the investigations and let the charge sheet be filed in the court.

“Does it happen in any other country,” the court observed telling Sorabjee that allegations relates to murder.

Latorre along with Girone is accused of killing two Indian fishermen in February 2012 of the coast of Kerala, mistaking them for sea pirates.

The marines were serving as security personnel on Italian oil tanker MT Enrica Lexie crossing the Indian Ocean