NIA has no jurisdiction to probe marines: Italy tells SC

New Delhi: Italy has told the Supreme Court that it objects to the National Investigation Agency (NIA) taking over the marines’ case who are accused of killing two Indian fishermen.

Italy is concerned because the NIA is empowered to deal with maritime piracy and terrorism and serious charges under these can lead to a call for the death penalty.

Senior advocate Mukul Rohatgi appearing for the Italian government contended before a bench headed by chief justice Altamas Kabir that NIA, which has been asked by the Centre to probe the case, has no jurisdiction to conduct the investigation as the charges which have been slapped on the marines are not covered by the National Investigation Agency (NIA) Act.

He submitted that the NIA can probe the case only if charges under Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002, are also slapped against the marines and the same cannot be done in view of apex court verdict to prosecute them only under the IPC, CrPC, Maritime Zones Act and United Nations Convention on the Law of the Sea (UNCLOS).

Attorney general GE Vahanvati objected to the Italian government’s contention and said that NIA can probe the case and assured the court that the investigation will be completed in 60 days.

“NIA is not restricted under the NIA Act. CBI is extremely over-burdened and the government chose NIA as an institution to probe the case,” Vahanvati said.

The court after hearing both sides adjourned the matter to 22 April for passing orders.

The Ministry of Home Affairs (MHA) had handed over the marines case to the NIA and a case was registered against them. The move had come following the Supreme Court’s ruling that the Kerala government had no jurisdiction to prosecute the two.

The two marines, Massimiliano Latorre and Salvatore Girone, were on board an Italian vessel ‘Enrica Lexie’ when they had allegedly shot dead two Indian fishermen off the Kerala coast on 15 February, 2012.

With inputs from PTI