The two Italian marines facing trial for killing two Kerala fishermen will not have to dread the gallows even if proven guilty. Changing its stance, the Union Home Ministry on Friday directed the NIA to drop charges of death penalty on the duo. As per the new direction, the murder charges will be replaced by violence, which could provide maximum sentence of up to 10 years.
The NIA will now have to prosecute the Italian marines under the new provision of the Suppression of Unlawful Acts against safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act (SUA). Sources said the MHA decision has come on the legal advice given by Attorney General GE Vahanvati. On Monday, the Supreme Court had asked the AG to clear the Centre's stand in this controversial case within a week.
last week Italian newspapers linked talks in India to slap charges of death penalty on the two marines to the revelation made by a middleman in AgustaWestland that Congress chief Sonia Gandhi's close aides might have been approached to clinch the deal. According to Italian newspapers — Tempo, libero and Il Fatto — a day after the controversial letter of middleman Christian Michel surfaced in the Italian court, India's Home Minister Sushilkumar Shinde started talking about imposing death penalty charges on the two marines.
The provision (3.1(a)) of SUA says, “whoever unlawfully and intentionally commits an act of violence against a person on board a fixed platform or a ship which is likely to endanger the safety of the fixed platform or, as the case may be, safe navigation of the ship shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to fine”.
Earlier, the Home Ministry had sanctioned filing of chargesheet in the case under Section 3(G) (i) of SUA. The clause makes death penalty mandatory in case of killing. The decision, sources said, will be conveyed to the Supreme Court on Monday as promised by the Government. On the other hand, the Ministry of External Affairs was opposing dead sentence due to diplomatic pressure exerted from Italy. The decision is expected to be a huge relief to the Italian Government which has been strongly opposing the death penalty charges against the marines. The Marines, who were on-board Italian vessel 'Enrica lexie' and are now lodged in New Delhi's Italian Embassy premises, allegedly shot dead the two fishermen on February 15, 2012 off Kerala coast.
NIA had completed its probe after questioning witnesses, including four Italian marines, through video conferencing after their refusal to come to India. The Supreme Court Bench headed by then Chief Justice Altamas Kabir had shifted the case to Delhi, saying Kerala Police have no jurisdiction over it and backed the Government's decision to hand over the case to NIA.