Law Ministry to examine if all SUA charges can be dropped

The decision to refer the issue back to the Union Ministry of Law and Justice within 10 days of Attorney General Goolam E Vahanvati suggesting removal of only the clause that provides for death sentence in the still-to-be-filed chargesheet and retaining all other charges was taken at a high-level meeting called by Union Home Minister Sushil Kumar Shinde. External Affairs Minister Salman Khurshid and Law Minister Kapil Sibal were present, besides senior officers of the three ministries.

Home Ministry sources said Khurshid favoured fresh reconsideration of the chargesheet, claiming the image of the country was taking a hit due to the impasse. When his attention was drawn to the AG’s recommendation finalised after a meeting by officers of the three ministries, Khurshid suggested the Law Ministry should be asked to look into the matter and suggest if only the Indian Penal Code can be invoked.

Shinde and Sibal agreed to get the matter re-examined by the Law Ministry.

The Italian government had been raising the issue in discussions with the Indian government. The North Atlantic Treaty Organisation (NATO) on Wednesday asked India not to try the marines under SUA, lest it undermine efforts to contain piracy on seas.

Last week, after the Supreme Court gave the Centre a week to sort out the logjam between various ministries on the issue of the plea of the marines that they not be tried under the stringent law which attracts death penalty, Vahanvati suggested the clause in the still-to-be-filed chargesheet that provides for death be removed and other sections, both under SUA and the IPC, retained.

However, at the meeting called by Vahanvati, the Home Ministry opposed complete dilution of charges under SUA.

Following mediation of Vahanvati, the MHA last Friday finally reversed its stand on seeking death penalty and finalised an amended chargesheet.