Italy opposes handing over of ‘killer marines’ probe to NIA

The Italian government on Tuesday told the Supreme Court that it is opposed to handing over the probe into killing of two fishermen by two Italian marines to the National Investigation Agency (NIA).

The case was transferred to the NIA at the beginning of this month. The agency then registered a fresh first information report (FIR) and began investigating the high profile case.

The government on Monday justified the transfer of the case to the NIA, telling the court that the Central Bureau of Investigation is "over-burdened" and that the NIA can complete the inquiry within 60 days. Italy has repeatedly urged India for a swift trial.

But Italy is opposed to the NIA handling the case because it is concerned that the agency could invoke maritime laws and charges that were punishable with a death sentence.

The home ministry had taken the decision to transfer the case after the Supreme Court ruled that the Kerala government had no jurisdiction to prosecute the two Italian marines - Massimiliano Lattore and Salvatore Girone – who shot the fishermen in February last year.

The apex court on 18 January had said that the marines on board oiler 'Enrica Lexie' be shifted to Delhi and be under the 'custody' of the Supreme Court till the centre constitutes a special court to hold their trial.

Meanwhile, the government is expected to file a status report in the Supreme Court today on the progress made so far in the investigation of the two marines.

The government is also expected to inform the courts about the progress in its efforts to set up a special court for deciding whether Indian courts have the jurisdiction to try the marines, and proceed with the trial in case the dispute over jurisdiction is settled.

The government will also have to address the issue of whether the two marines can be charged with any offence which is punishable with the death penalty, following repeated reminders from Italy that it had agreed to send them back to India only after the ministry of external affairs reportedly assured that no charge involving the death penalty would be laid against them.