The National Investigation Agency on Thursday registered an FIR against the two Italian marines accused of killing two Indian fishermen in February last year, ending the stalemate over which agency would probe the case.
Top NIA officials said the case has been registered under the SUA (Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002) along with relevant sections of the Indian Penal Code, including Sections 302 (murder) and 307 (attempt to murder) among others.
National Investigation Agency sources said the case has been re-registered by the Central agency on the basis of charges pressed by the Kerala police in its chargesheet.
While the SUA contains provisions for the death penalty, government sources said the prosecutors will take into consideration the sovereign assurance given by New Delhi to Rome.
According to Section 3 of the SUA Act, action can be taken against any person committing offence even if beyond Indian territory. The Kerala police had invoked the act as the incident took place within the contiguous zone of the country (within 22 nautical miles). The area is also covered by the IPC.
It may be recalled that in the run-up to the marines’ return to India to face trial, the Indian government had assured Italy that they would not be awarded capital punishment, which is given in the “rarest of rare” cases.
There was confusion between the ministry of home affairs and ministry of external affairs over who would probe the case. There was also no clarity on which court would hear the case.
Sources said the case will now be tried in any sessions court designated by the Chief Justice of the Delhi high court.
For now, NIA sources insisted, the FIR will go the special NIA court on Friday.