The Union law Ministry on Friday decided to drop charges under the anti-piracy law against the Italian marines accused of murdering two Indian fishermen.
This is a major climb down by the Centre which would pave the way for trial of marines under the Indian Penal Code offences alone. An affidavit in this regard will be filed in Supreme Court on Monday. The Ministry’s decision to revoke sanction under Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf) Act, in short SUA, came in the wake of fresh deliberations by the Centre, over possible diplomatic fallout with Italy.
Early this week, Italian Government recalled its Ambassador to India for consultations and brought to bear on India the pressure of the international community, European Union and United Nations. The decision to file an affidavit has been conveyed to the office of the Attorney General GE Vahanvati, who is expected to produce it in Supreme Court on Monday. The marines had filed a petition in apex court seeking release as the Government failed to file a charge-sheet within the prescribed one-year period.
Following Italy’s objection to its marines being tried as alleged terrorists under the SUA, the Centre decided to drop the charge that imposed mandatory death penalty. Not satisfied with the Act itself being imposed on the marines, the Ministry of External Affairs weighed upon the Home Ministry to revoke sanction under SUA, which was granted initially to the probe agency, National Investigation Agency (NIA).
The decision to withdraw SUA in toto is expected to raise jurisdictional issues as NIA has not been notified to probe IPC offences. The Centre is expected to state this position in the Supreme Court in order to allow NIA continue the probe. According to Government sources, a fresh probe by any other agency is expected to delay the case further, causing inconvenience to the accused.