The Supreme Court on Friday stayed the trial proceedings against the two Italian marines accused of killing two Indian fishermen near the Kerala coast in 2012.
A bench led by Justice B.S. Chauhan directed the special court in Delhi to adjourn the matter to March 31 after the counsel appearing for the two marine guards said the proceedings are periodically adjourned as the charge sheet has not been filed in the case and that those associated with the case have to unnecessarily mark their presence in court.
The bench also sought the Centre’s response on the petition filed by the duo challenging the jurisdiction of the NIA to probe the case. 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.
The bench, also comprising Justice 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.
In the fresh plea, the marines contended that the 1983 notification of the ministry of home affairs extending the whole of the Indian Penal Code to the Exclusive Economic Zone is ultra vires of the Marine Zones Act (MZA), 1976.
The Centre on February 24 had told the apex court that the marines would not be prosecuted under the Suppression of Unlawful Acts Against Safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act (SUA). It had said that the contentious issue of SUA was resolved with Italy after the law minister had opined that provisions of the anti-piracy law are “not attracted” in this case.
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SC stays Italy marines’ trial
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