Notwithstanding NIA slappingmurder charge against two Italian marines, India will honourthe assurance given to Italy that the duo will not face deathpenalty for allegedly killing two fishermen off Kerala coast.
The National Investigation Agency (NIA) will not pressfor death sentence against the marines -- Massimiliano Lattoreand Salvatore Girone -- as per the assurance given by India toItaly even if they are convicted of murder.
"We will honour whatever assurance given to Italy," UnionHome Secretary R K Singh told reporters here today.
On March 22, after the return of the marines from Italy,External Affairs Minister Salman Khurshid had told Parliamentthat India has given an assurance to that country that the twowill not face death penalty nor will they be liable for arrestif they return by the deadline set by the Supreme Court.
India had given the assurance after clarifications weresought by Italy on death penalty which was a "concern" to thatcountry.
Khurshid had also said "...According to well-settledIndian jurisprudence, this case would not fall in the categoryof matters which attract death penalty, that is to say therarest of rare cases. Therefore, there need not be anyapprehension in this regard".
NIA has submitted an FIR before a Special NIA courtbooking the marines under sections 302 (murder), 307 (attemptto murder), 427 (mischief) along with section 34 (commonintent) of IPC.
NIA has also booked them under the Suppression ofUnlawful Acts Against Safety of Maritime Navigation and FixedPlatforms on Continental Shelf Act, 2002. Under this Act,offence of murder is punishable with death sentence.
Official sources said charges slapped in the FIR can bedropped when the charge sheet is filed if no substantiveevidence is found against the accused.
The Supreme Court had on January 18 said the marines on board 'Enrica Lexie', accused of killing the two fishermen inFebruary last year, be shifted to Delhi and be under the'custody' of the apex court till the Centre constitutes aspecial court to hold their trial.
The incident had taken place at a distance of about 20.5nautical miles from the coastline of Kerala and, therefore, ithad not occurred within the territorial waters of thecoastline of Kerala state but within the Contiguous Zone overwhich the state police of Kerala ordinarily has nojurisdiction, the court had said.
The Italian government had a fortnight ago reversed itsearlier decision not to send back to India the two marines whohad gone to Italy to cast votes in elections there.
Italy had reneged on its assurance to the Supreme Courton sending back the marines but later gave in after the Indiangovernment and the apex court took a firm stand with New Delhiwarning that ties with Rome could be downgraded.