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Journalism of Courage
Italy today questioned in the Supreme Court NIA’s jurisdiction to probe the case against its two marines for allegedly killing two Indian fishermen,a contention rejected by the government which assured the court that investigation will be completed in 60 days.
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 G E 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 April 22 for passing orders.
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 February 15,last year.
Italian government and its marines contended that the probe and prosecuting power cannot be entrusted to NIA as it would lead to a deviation from the spirit of the January 18
judgement and compel the agency to include the provisions of Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act (SUA),2002,which contains the provision of death sentence.
“In this case NIA cannot exist without SUA and SUA cannot exist without NIA,” Rohatgi said and drew the attention of the apex court to the original FIR filed by Kollam Police in Kerala in which SUA was not invoked.
He said SUA was later included but dropped from the charge sheet filed before the magistrate in Kollam.
Rohatgi said NIA took the case in accordance with the April 1 notification and proceeded on the basis of the Kollam FIR by adding SUA.
However,the Attorney General said the notification of April 1 has been superseded by the April 15 notification and NIA has been chosen as a central institution like the CBI to probe and prosecute the case of the marines.
“NIA is a central institution. NIA will proceed in the spirit of the January 18 order. NIA will complete
investigation in 60 days.
“NIA cannot be brought (in this case) is a complete misconception,” Vahanvati said and also informed the bench
about the steps taken for setting up of the special court,exclusively to deal with the case in hand.
The bench said the intention of its January 18 order was that the matter should be dealt with as expeditiously as
possible in the special court which will not have any other case.
“That is the intention. To hear the matter as quickly as possible without being bogged down by any thing else,” the
bench,also comprising justices A R Dave and Vikramajit Sen said.
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