Law providing for death against Italian Marines not to be revoked
29 April 2013 6:58 AM IST
In a relief for Italy, the NIA has been allowed by the Home Ministry to probe the killing of two Indian fishermen in which two Italian marines are accused without invoking the law that provides for capital punishment.
Amid concerns by Italy on the possibility of death penalty being imposed on the two marines, the Ministry of Home Affairs has amended its order that transferred the case to the National Investigation Agency allowing its probe under IPC and CrPC sections without restricting itself to the NIA Act.
The revised order came on 15 April – 11 days before the SC order when the court said that the agency can proceed with the case.
It was on the strength of this revised order that Attorney General GE Vahanvati argued in the Supreme Court that the NIA probe was not restricted to the NIA Act, the sources said.
In effect, the order means that the NIA will be free not to invoke charges under Suppression of Unlawful Acts Against Safety of Maritime Navigation Act 2002 which prescribes capital punishment for causing death.
Amid concerns by Italy on the possibility of death penalty being imposed on the two marines, the Ministry of Home Affairs has amended its order that transferred the case to the National Investigation Agency allowing its probe under IPC and CrPC sections without restricting itself to the NIA Act.
The revised order came on 15 April – 11 days before the SC order when the court said that the agency can proceed with the case.
It was on the strength of this revised order that Attorney General GE Vahanvati argued in the Supreme Court that the NIA probe was not restricted to the NIA Act, the sources said.
In effect, the order means that the NIA will be free not to invoke charges under Suppression of Unlawful Acts Against Safety of Maritime Navigation Act 2002 which prescribes capital punishment for causing death.
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