Resolve dispute in a week, Centre told

The Indian Express has learnt that the Law Ministry, in its latest opinion, has said that provisions of SUA Act should not be invoked against the marines. This opinion is consistent with that of the Ministry of External Affairs, which was unhappy after the Home Ministry allowed prosecution of the marines under SUA Act, though it promised Rome they would not face death.

Sources said the Home Ministry has conveyed its reservation against dropping SUA without adequate reasons.

The Attorney General has been asked to reconcile all three views and find the most plausible solution, especially since the matter is now under the scanner of the SC.
Monday, Attorney General G E Vahanvati informed a Bench led by Justice B S Chauhan that he had “almost” sorted out the issues but needed a little more time to complete the exercise. He also told the Bench that the three ministries were discussing whether or not to invoke SUA Act, a question delaying start of the trial.

The Bench told the AG: “Last time, we asked you to sort out everything by today. Now, will you be able to end the logjam by next Monday? Don’t expect us to grant adjournment on the next date.”

Vahanvati assured the Bench he would come up with conclusive statements by February 10.
Meanwhile, senior advocate Mukul Rohatgi, appearing for the Italian government and the marines, submitted that the Centre had not been able to proceed in the case and 13 months had lapsed since the SC passed its judgment on setting up a special court and hearing the case daily. He said the marines should be allowed to go back home till the trial begins.
The AG opposed the plea, questioning if the marines would come back. The court said it would consider all submissions on the next date.

The Bench was hearing a joint petition filed by the marines and the Italian government challenging invoking of Suppression of Unlawful Acts against safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act. They claimed it was against the court order that allowed prosecution only under Maritime Zone Act, IPC, CrPC and UNCLOS.

The petition filed by Ambassador of Italy Daniele Mancini and Massimiliano Latorre and Salvatore Girone also sought a direction to the Centre and the NIA to expedite proceedings in the case or discharge the marines.