For the two Italian marines who are facing charges of gunning down two Kerala fishermen, the next week will be crucial. The case against them has dragged on for over a year, but the National Investigation Agency (NIA) probing the case, has not even filed chargesheet against them. In fact, the Government has not yet decided if they should be tried under laws which mandates only death penalty.
Faced with this peculiar situation, the Supreme Court on Monday directed the Centre to settle its internal differences and decide whether it would like to invoke the death penalty clause under Suppression of Unlawful Acts against Safety of Maritime Navigation And Fixed Platforms on Continental Shelf (SUA) in the chargesheet.
Attorney General GE Vahanvati on Monday appeared before a bench of Justices BS Chauhan and MY Eqbal and tried to convince the court that matter had “almost” been resolved. But the bench, which is hearing a petition filed by the two marines, was in no mood to adjourn the matter further.
Setting a deadline for the Centre, the bench asked AG, “Will you be able to end the logjam by next MondayIJ Don’t expect us to grant adjournment on the next date.” The matter was kept for February 10.
An internal clash of opinions between the Ministry of Home, law, and External Affairs, is what the judges were apparently referring to. As the marines have spent a year in custody for allegedly killing two Indian fishermen and no charge sheet yet in sight, the apex court has spelled out that it will not tolerate any more delay.
The differences were out in the open when the Ministry of Home Affairs on January 17 gave sanction to NIA to invoke the Suppression of Unlawful Acts against Safety of Maritime Navigation And Fixed Platforms on Continental Shelf) Act, in short SUA, against the marines Massimiliano latorre and Salvatore Girone. Being an anti-terrorism law, the offence for which the marines will be tried mandates only death penalty. Italy has vociferously opposed the imposition of SUA against its marines and has threatened to drag India before the International Court.
The MEA is in favour of maintaining good diplomatic ties with Italy and this has come to bear upon the Centre to try the marines under SUA. But with the MHA having accorded sanction, Centre has to either withdraw its sanction or expand the jurisdiction of NIA to include offences under IPC under the ambit of probe.
Senior advocate Mukul Rohatgi, appearing for Italian Government told the Court that the Centre has wasted 13 months and still there was no solution in sight. Arguing the joint petition filed by Ambassador of Italy Daniele Mancini and the marines, Rohatgi said that either the Centre and NIA must expedite the proceedings or discharge the marines.
On past two occasions, the matter was adjourned in order to facilitate the Centre arrive at a decision. Italian government had objected to SUA being imposed on the marines as it said, “Invoking the anti-terrorism SUA Act would tantamount to the Republic of Italy being termed a terrorist state and acts of its organs, which were in repression of piracy, as being deemed as acts of terrorism, which is wholly untenable and unacceptable in the facts and circumstances of this case and in keeping with the comity of nations and international cooperation.” The marines maintain they had attacked the fishermen off Kerala coast on February 15, 2012 under the belief that they were pirates.