)
National Investigation Agency (NIA) has registered a murder case against two Italian Marines for allegedly killing two Indian fishermen off Kerala coast last year.
The home ministry had handed the case to the NIA through an order last evening. The NIA filed the first information report before a court here today. NIA has booked the marines, Massimiliano Lattore and Salvatore Girone, under sections 302 (murder), 307 (attempt to murder), 427 (mischief) and 34 (common intent) of IPC.
The law deals with cargo ships and maritime navigational facilities whose personnel indulge in offences committed in sea. The maximum penalty in this section is death in case the action by those on-board has resulted in killing.
The agency has alleged fishermen Jelastin and Pinku were shot dead by the two marines on-board 'Enrica Lexie', an Italian ship, 31 nautical miles from the Neendakara coastal police station, in the Arabian Sea on February 15, 2012. The home ministry had handed the case to NIA after the Supreme Court ruled the Kerala government had no jurisdiction to prosecute the marines.
NIA will investigate the case from the beginning and file the charge sheet in an NIA court or any other court to be set up by the government in consultation with the apex court, ministry sources said.
The apex court on January 18 had said that the marines be shifted to Delhi and be under its 'custody' till the Centre constituted a special court to hold their trial.
"The incident of firing from the Italian vessel on the Indian shipping vessel having occurred within the Contiguous Zone, the Union of India is entitled to prosecute the two Italian marines under the criminal justice system prevalent in the country," the bench had said.
