The Centre told the Supreme Court on Monday that the Italian marines will not be tried under the Anti-Piracy law that prescribed death penalty for causing death of two Indian fishermen in 2012.
The decision stoked fresh controversy with the main Opposition party BJP accusing the Centre of meekly succumbing to pressure from Italy. The Italian Government, for its part, upped the ante by demanding the closure of the case against the marines. Accepting the opinion of the law Ministry to drop charges under the Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act 2002, in short SUA, Attorney-General GE Vahanvati informed the court that the earlier sanction granted by the Ministry of Home Affairs to frame charges under SUA would be modified.
In an affidavit produced in court, the Centre said: “The law Minister has recorded his opinion that the provisions of the SUA Act are not applicable to this case….appropriate steps will be taken to ensure that the charge sheet reflects the opinion.”
With SUA gone, Italy’s counsel, senior advocate Mukul Rohatgi, demanded closure of the case against the marines Massimiliano latorre and Salvatore Girone. He cited the National Investigation Agency (NIA) Act that does not allow the NIA to probe an offence of murder under the Indian Penal Code (IPC). “Both SUA and NIA coexist. Now that you (Centre) have taken a call on SUA, the entire investigation must go as it was done by a body not empowered to investigate,” Rohatgi said.
The bench of Justices BS Chauhan and J Chelameswar allowed Italy to move an application challenging the NIA’s jurisdiction while posting the matter before a three-judge bench after three weeks.
Vahanvati cited an April 26, 2013 order passed by the apex court in the matter entrusting the investigation to NIA being a neutral agency. He pointed out that even the CBI has limited jurisdiction of probe, but investigates other offences on orders of the court.
The BJP attacked the Centre accusing it of saving the marines. Senior BJP leader Ravi Shankar Prasad said: “The Government has meekly succumbed to pressure from Italy.” He termed India’s response as “regrettable” particularly in a case where two Indian fishermen were killed. “We demand that the Government comes out with all the facts,” Prasad added.
MEA spokesperson Syed Akbaruddin denied these allegations. He said: “This is not about anyone blinking. It’s about trying to ensure that those who are charged with crimes are held accountable under Indian law.” The issue concerned a legal matter, Akbaruddin said, adding that it did not involve any bilateral issues between the two countries.