Achuthanandan had yesterday rushed to the apex court for getting urgent hearing on his plea but the registry declined to mark it for hearing saying the petition was not accompanied by certain documents including the Kerala High Court order allowing the foreign nationals to leave for their country.
His counsel R Sathish said due to paucity of time, the defects cannot be cured and the petition has become infructous as the marines have already left the Indian soil.
The counsel said an attempt would be made either to rectify the defects or a fresh petition would be filed challenging the Kerala High Court order.
The marines are accused of shooting dead two Indian fishermen off the Kerala coast.
The High Court allowed them to go home to celebrate Christmas.
The apex court had earlier reserved their plea seeking quashing of charges against them.
In his petition, Achuthanandan had said although he was not a party to the case but he was moving the apex court in his capacity as Opposition Leader as it was an important matter.
Sources in the office of the Opposition Leader in Kerala said since Italy had taken a stern stand that India had no right to arrest its citizens as the incident had happened in high seas, it was not proper to release the marines on the basis of an assurance from the Italian Ambassador.
Achuthanandan had yesterday lashed out at the Kerala government for not challenging the Thursday's High Court order in the case.