Italian marines not be prosecuted under anti-piracy law: Govt

Two Italian marines accused of killing two Indian fishermen off coast in 2012 will not be prosecuted under the stringent anti-piracy SUA that attracts death penalty as maximum punishment, the Centre today told the Supreme Court.

The Centre told the that the contentious issue between and on slapping Suppression of Unlawful Acts Against Safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act (SUA) against the marines has been resolved as it has decided to go by opinion of the Law Minister, according to which provisions under the anti-piracy law are "not attracted" in this case.

Appearing before a bench headed by Justice B S Chauhan, Attorney General said the government has accepted the Law Minister's view.

The Italian government, however, opened a new front against the Centre by questioning the jurisdiction of the National Investigation Agency (NIA) to investigate the case, saying that the agency cannot probe offences under the Indian Penal Code.

Senior advocate Mukul Rohatgi, appearing for the Italian government, submitted, "NIA cannot investigate IPC offences. Entire probe has been done by NIA which does not have sanction of law to proceed in the case."

The Centre, however, opposed the plea and submitted that the agency can probe any case on the direction of the court.

The bench after hearing both the sides agreed to adjudicate the matter and allowed the Italian government to file an application regarding the issue of jurisdiction of NIA within a week.

The Centre was asked to respond a week after the filing of application by the Italian government.

The bench was hearing a petition filed by the Italian government challenging invoking of anti-terrorism law SUA, saying it is against the order of the apex court which allowed proceedings only under the Maritime Zone Act, IPC, CrPC and UNCLOS.

The joint petition, filed by Italian Ambassador Daniele Mancini along with Italian marines Massimiliano Latorre and Salvatore Girone, also sought direction to the Centre to expedite the proceedings in the case or discharge the marines.

image
Business Standard
177 22
Business Standard

Italian marines not be prosecuted under anti-piracy law: Govt

Press Trust of India  |  New Delhi 



Two Italian marines accused of killing two Indian fishermen off coast in 2012 will not be prosecuted under the stringent anti-piracy SUA that attracts death penalty as maximum punishment, the Centre today told the Supreme Court.

The Centre told the that the contentious issue between and on slapping Suppression of Unlawful Acts Against Safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act (SUA) against the marines has been resolved as it has decided to go by opinion of the Law Minister, according to which provisions under the anti-piracy law are "not attracted" in this case.



Appearing before a bench headed by Justice B S Chauhan, Attorney General said the government has accepted the Law Minister's view.

The Italian government, however, opened a new front against the Centre by questioning the jurisdiction of the National Investigation Agency (NIA) to investigate the case, saying that the agency cannot probe offences under the Indian Penal Code.

Senior advocate Mukul Rohatgi, appearing for the Italian government, submitted, "NIA cannot investigate IPC offences. Entire probe has been done by NIA which does not have sanction of law to proceed in the case."

The Centre, however, opposed the plea and submitted that the agency can probe any case on the direction of the court.

The bench after hearing both the sides agreed to adjudicate the matter and allowed the Italian government to file an application regarding the issue of jurisdiction of NIA within a week.

The Centre was asked to respond a week after the filing of application by the Italian government.

The bench was hearing a petition filed by the Italian government challenging invoking of anti-terrorism law SUA, saying it is against the order of the apex court which allowed proceedings only under the Maritime Zone Act, IPC, CrPC and UNCLOS.

The joint petition, filed by Italian Ambassador Daniele Mancini along with Italian marines Massimiliano Latorre and Salvatore Girone, also sought direction to the Centre to expedite the proceedings in the case or discharge the marines.

RECOMMENDED FOR YOU

Italian marines not be prosecuted under anti-piracy law: Govt

Two Italian marines accused of killing two Indian fishermen off Kerala coast in 2012 will not be prosecuted under the stringent anti-piracy SUA law that attracts death penalty as maximum punishment, the Centre today told the Supreme Court. The Centre told the court that the contentious issue between India and Italy on slapping Suppression of Unlawful Acts Against Safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act (SUA) against the marines has been resolved as it has decided to go by opinion of the Law Minister, according to which provisions under the anti-piracy law are "not attracted" in this case. Appearing before a bench headed by Justice B S Chauhan, Attorney General G E Vahanvati said the government has accepted the Law Minister's view. The Italian government, however, opened a new front against the Centre by questioning the jurisdiction of the National Investigation Agency (NIA) to investigate the case, saying that the agency cannot probe offences ... Two Italian marines accused of killing two Indian fishermen off coast in 2012 will not be prosecuted under the stringent anti-piracy SUA that attracts death penalty as maximum punishment, the Centre today told the Supreme Court.

The Centre told the that the contentious issue between and on slapping Suppression of Unlawful Acts Against Safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act (SUA) against the marines has been resolved as it has decided to go by opinion of the Law Minister, according to which provisions under the anti-piracy law are "not attracted" in this case.

Appearing before a bench headed by Justice B S Chauhan, Attorney General said the government has accepted the Law Minister's view.

The Italian government, however, opened a new front against the Centre by questioning the jurisdiction of the National Investigation Agency (NIA) to investigate the case, saying that the agency cannot probe offences under the Indian Penal Code.

Senior advocate Mukul Rohatgi, appearing for the Italian government, submitted, "NIA cannot investigate IPC offences. Entire probe has been done by NIA which does not have sanction of law to proceed in the case."

The Centre, however, opposed the plea and submitted that the agency can probe any case on the direction of the court.

The bench after hearing both the sides agreed to adjudicate the matter and allowed the Italian government to file an application regarding the issue of jurisdiction of NIA within a week.

The Centre was asked to respond a week after the filing of application by the Italian government.

The bench was hearing a petition filed by the Italian government challenging invoking of anti-terrorism law SUA, saying it is against the order of the apex court which allowed proceedings only under the Maritime Zone Act, IPC, CrPC and UNCLOS.

The joint petition, filed by Italian Ambassador Daniele Mancini along with Italian marines Massimiliano Latorre and Salvatore Girone, also sought direction to the Centre to expedite the proceedings in the case or discharge the marines.
image
Business Standard
177 22

More News

  • Infy to clarify guidance after September Infy to clarify guidance after September
  • GMR wins bid for Goa airport GMR wins bid for Goa airport
Widgets Magazine
Widgets Magazine

Upgrade To Premium Services

Welcome User

Business Standard is happy to inform you of the launch of "Business Standard Premium Services"

As a premium subscriber you get an across device unfettered access to a range of services which include:

  • Access Exclusive content - articles, features & opinion pieces
  • Weekly Industry/Genre specific newsletters - Choose multiple industries/genres
  • Access to 17 plus years of content archives
  • Set Stock price alerts for your portfolio and watch list and get them delivered to your e-mail box
  • End of day news alerts on 5 companies (via email)
  • NEW: Get seamless access to WSJ.com at a great price. No additional sign-up required.
 

Premium Services

In Partnership with

 

Dear Guest,

 

Welcome to the premium services of Business Standard brought to you courtesy FIS.
Kindly visit the Manage my subscription page to discover the benefits of this programme.

Enjoy Reading!
Team Business Standard