Wont seek death for marines: NIA

The NIA move to invoke maritime security Act against the two Italian marines has put the Centre in a bind. It had given a sovereign assurance to Italy

The NIA move to invoke maritime security Act against the two Italian marines has put the Centre in a bind. It had given a sovereign assurance to Italy,which includes not to demand death penalty for the marines. On Tuesday,the NIA said though they will not seek death penalty under the Act,it will be up to the court to give the final verdict.

The Suppression of Unlawful Act Against Safety of Maritime Navigation and Fixed Platform on Continental Shelf Act,2002,under which the NIA can take up the probe,provides for death penalty if the offence committed on high seas has resulted in a death.

The agency said this Act has to be invoked since the first report was registered by the Kerala Police under Section 302 (murder) and it had no jurisdiction to take up the probe. The maritime Act provides the agency to investigate offences under the contiguous zone and exclusive economic zone. This implies that the government can probe the two marines under sections of CrPC and IPC,said officials.

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Meanwhile,the home ministry informed the Supreme Court that the case has been handed over to the NIA. Union Home Secretary R K Singh has sought the details of guarantee given by the Ministry of External Affairs to Italy.

There is also no clarity within the ministry on the setting up of the special court. Earlier,the Delhi HC had designated the Chief Metropolitan Magistrate to take up the trial. But now since the case has been handed over to the NIA,the ministry has decided that the NIA will first register the FIR and send it to CMM court.

The case may later be moved to a session court since the schedule offences such as maritime security cannot be tried before the CMM. It is interesting to note that the NIA already has a designated session court both in Kerala and Delhi but a decision whether the same special NIA court will take up the trial or a separate court will have to be constituted,has to taken by the Delhi HC.

The agency also said that since they have a designated court for their cases,it is not clear if the FIR re-registered by NIA will have to go to CMM court or the special NIA court. The confusion has also led to delay in re-registering the case by the NIA.

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