Centre vacillates on the Italian Marines’ case
The Union Government stands accused of delaying and mishandling the case of the two Italian Marines. Almost two years after the duo, part of a military team protecting a private cargo ship, shot dead two Indian fishermen off the coast of Kerala, New Delhi is yet to decide under which law they should be tried. This has compelled the Supreme Court to intervene — on Monday, it ordered the Government to make up its mind within a week. At the crux of the problem is the Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002. Also known as the SUA Act, it carries the death penalty for those convicted of killing someone so as to throw the latter's vessel off course. The point of dispute here is whether the Marines, who claim to have mistaken the fishermen for pirates, should be tried under the SUA Act. This is a decision that the Union Government has to take since the SUA Act is essentially a counter-terrorism law. However, its different Ministries are speaking in conflicting voices. The Union Ministry of Home Affairs has argued that the law should apply as the case against the Marines has been registered under the Act and there aren't adequate reasons to drop the provision. Also, the SUA Act is important because it gives the National Investigation Agency, which inherited the case from Kerala Police in April 2013, legal authority over the matter. On the other side is the Ministry of External Affairs which is opposed to invoking the SUA Act because it fears a bitter diplomatic fallout if India invokes harsh anti-terror laws in a case believed to be in the legal grey area. Vacillating between the two is the Union Ministry of law and Justice. Initially, it supported the Home Ministry but then withdrew its opinion. Now, it is expected to throw its weight in favour of the Ministry of External Affairs.
Remember that New Delhi has promised Rome that the Marines will not be sent to the gallows. It was on the basis of this assurance that Italy sent back the Marines to face trial in India. In December 2012, the Kerala High Court had allowed them to travel to Italy for Christmas, but once back home, they had refused to return, despite having promised otherwise. Clearly, Rome had thought that New Delhi, which even at that time was dilly-dallying, could be taken for a ride. Thankfully, the Supreme Court stepped in and insisted on course correction.
Attorney General GE Vahanvati has assured the apex court that the three ministries are brainstorming and the matter will soon resolved. One hopes that this is indeed the case, for the Government's delay is becoming an excuse for the defence to demand leeways. The Marines have argued that because the Government has failed to file a charge-sheet even 13 months after the Supreme Court constituted a special court, they should be excused from personal appearances and allowed to return home. Moreover, the delay is also allowing the Italian Government time and scope to marshal international support against India. The European Union and Germany, for instance, have already begun to pile pressure on New Delhi. In the long run, this may damage India's ties with Italy and other Western partners. Finally, it also delays the delivery of justice to the deceased.