The Ministry of Home Affairs’ (MHA) decision to sanction mandatory death penalty charge on the two Italian marines left the Centre looking for cover as it sought two weeks time from Supreme Court to resolve the issue.
Promising to find a solution by February 3, the next date of hearing, Attorney General GE Vahanvati informed the apex court that the matter was being examined by the law Ministry on whether to invoke charges under the anti-terrorism law SUA (Suppression of Unlawful Acts against safety of Maritime Navigation And Fixed Platforms on Continental Shelf) Act under punishable only with death.
The Bench of Justices BS Chauhan and J Chelameswar said, “If you are trying to solve the problem without intervention of this court, it must be a bonafide attempt to solve the issue.” The Court was hearing a petition by the two marines — Massimilano latorre and Salvatore Girrone, who sought quashing of the case on the grounds that the National Investigation Agency (NIA) failed to file charge sheet in the case for the past one year. On January 18, 2013, the apex court had directed the investigating agency to expedite probe and file charge sheet within a year.
According to sources in MHA, the sanction for approval under SUA came late Friday evening, hours before the matter was fixed for hearing in the apex court. Senior advocate Mukul Rohatgi who appeared for the Italian Ambassador, joint petitioner along with the marines, sought orders on the petition as the accused, who had shot at two Indian fishermen in February 2012 while guarding the Italian vessel ‘Enrica lexie’, had remained in custody with India for two years.
Vahanvati sought a week’s time from Court as it became evident that the Centre was distancing itself from the MHA decision to try the marines under the charge that required them to face death penalty. The External Affairs Ministry, time and again had indicated that this provision will not be invoked, due to India’s sovereign assurance to Italy not to try the marines under the offence carrying death sentence.
Moreover, invocation of anti-terrorism law against the marines “would tantamount to the republic of Italy being termed a terrorist state”, an issue which Italy threatened to raise at the international forum.