New Delhi:
Despite objections by Italy, two marines accused of murdering a pair of fishermen from Kerala will be investigated by the National Investigation Agency (NIA), the Supreme Court ruled today.
Italy had argued that the NIA does not have jurisdiction.
The Italian government has argued that if convicted under a stringent law invoked by the NIA, its two naval officers could face the death sentence.
That would violate an assurance given by India to Rome last month that helped bring the marines back to Delhi to stand trial.
While they were at home on a four-week stay allowed by the Supreme Court, Rome suddenly announced that it would renege on a commitment to return them to India, as promised in court.
A diplomatic crisis flared up, and ended when Massimiliano Lattore and Salvatore Girone, flew into Delhi just hours before the deadline set by the Supreme Court expired.
India had assured the Italian government would not be tried under charges that could lead to a death sentence. An agreement between the two countries makes it possible for the marines to serve jail time in Italy, if convicted.
The government then assigned the case to the NIA.
In February 2012, the two marines were guarding an Italian oil tanker when they say they mistook two fishermen for pirates and shot them.
The Italians have been contesting the jurisdiction of Indian courts in the matter, saying the incident occurred in international waters. India disagrees.