Millennium Post

Italian marines challenge NIA probe

Italian marines challenge NIA probe
The fresh move by the marines comes more than a month after the Indian government decided to withdraw their prosecution under the stringent anti-piracy SUA law that attracts death penalty as maximum punishment.

A bench comprising justices BS Chauhan and J Chelameswar issued notice to the Union Government and sought its response on the contention of the Italian marines that the probe into the alleged killing of fishermen by the NIA was illegal.

‘Now by order dated 6 February, 2014, the ministry of home affairs has superseded its sanction order of 17 January, 2014 and thus deleted section 3(1)(g)(i) of the SUA Act. Hence NIA has ceased to have jurisdiction in view of the mandate of section 3 (1) of the NIA Act,’ senior advocate Mukul Rohatgi, appearing for the marines submitted.

The bench also allowed the request of the counsel to defer the scheduled March 31 hearing of the case before the special court set up exclusively to deal with the case of the marines.
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