STOCK MARKET BSE NSE

Marines case: Italy opposes NIA probe

Says the NIA has no jurisdiction to investigate as the charges slapped against the Italian marines do not come under the NIA Act

Published: 17th April 2013 09:15 AM  |   Last Updated: 17th April 2013 09:15 AM   |  A+A-

Massimiliano-Latorre-and-Sa

The Italian Government on Tuesday objected to the Centre’s decision to handover the investigation into the murder of the two fishermen off Kerala by the two Italian marines to the National Investigation Agency (NIA).

Senior counsel Mukul Rohatgi, appearing for the Ambassador of Italy and the two marines, told a Supreme Court Bench comprising Chief Justice (CJI) Altamas Kabir, Justice Anil R Dave and Justice Vikramajit Sen that the NIA had registered an FIR in the case here last month, under a law which was not mentioned. “(The)NIA can investigate an offence only if it is under the Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002. PUVA is an anti-terrorism Act. It is not like Section 302 of the IPC,” he contended.

According to him, the question is, can the NIA come in and invoke the PUVA? The counsel also wanted to know since the trial would take place in a special Court, what would be fate of the appeal.

Further,Rohatgi pointed out that the NIA had  no jurisdiction to conduct the investigation as the charges which have been slapped against the marines  did not come under the National Investigation Agency (NIA) Act. Replying to this, Attorney General Goolam Vahanvati told the Bench that the Centre could rope in any institution for conducting the probe.

“It can’t be rubber-stamping whatever the Kerala government did. The CBI is overburdened.”  “I spoke to the NIA (top brass). They said that they would complete the investigation within 60 days,” the AG added.

However, Rohtagi insisted that the NIA was empowered to probe only a scheduled offence and its investigation of the same was a violation of the apex court ruling.

Reacting to the CJI’s query, “the other question would be?,” Rohtagi said, “the judgment has to be reopened.”

Following this, the CJI said, “We will pass the orders” and adjourned the matter until April 22 for passing the orders.

It was on February 15 last year that the two marines -- Massimiliano Latorre and Salvatore Girone -- who were on board an Italian vessel ‘Enrica Lexie’ allegedly shot dead the two fishermen after mistaking  them for sea pirates.



Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

IPL_2020
flipboard facebook twitter whatsapp