Italian marines Massimilano Latorre and Sergeant Salvatore Girone
The Centre informed the Supreme Court that it is trying to resolve all disputes with Italian government arising out of invoking anti-terrorism law against its two marines accused of killing two Indian fishermen off Kerala coast in 2012.
Appearing before a bench headed by Justice B S Chauhan, Attorney General G E Vahanvati submitted that there has been delay in initiating trial against the marines as the witnesses who were accompanying the accused on the ship are not coming to India to depose despite giving undertaking.
The AG sought time to reply to the contentions raised by the Italian government which submitted that invocation of anti-terrorism law against the marines "would tantamount to the republic of Italy being termed a terrorist state".
The bench, after hearing his contention, adjourned the case for February 3 and observed that the Centre would make bona fide efforts to resolve the issue.
The bench was hearing a petition filed by Italy government challenging invoking of anti-terrorism law Suppression of Unlawful Acts (SUA) against safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act saying it is against the order of the apex court which allowed proceedings only under the Maritime Zone Act, IPC, CrPC and UNCLOS.
The joint petition, filed by Ambassador of Italy Daniele Mancini along with Italian marines Massimiliano Latorre and Salvatore Girone, also sought direction to the Centre and NIA to expedite the proceedings in the case or discharge the marines.
"Invoking the anti-terrorism SUA Act would tantamount to the Republic of Italy being termed a terrorist state and acts of its organs, which were in repression of piracy, as being deemed as acts of terrorism, which is wholly untenable and unacceptable in the facts and circumstances of this case and in keeping with the comity of nations and international cooperation," the petition said.
The petition said that the draft protocol of 2005 to the SUA convention expressly excludes the applicability of the convention to activities undertaken by the military forces of a State in the exercise of their official duties.
"The purported attempt by the Centre to unilaterally invoke the provisions of SUA Act is contrary to and in wilful disregard of the directions of this court," the petition said, adding that they came to know about invoking SUA on the basis of application filed by NIA in trial court.
They contended that one year has passed since the apex court had directed an expeditious hearing in the case but the Centre has failed to implement the order and charge sheet has so far not been filed in the case.
"The petitioners have been detained in India for the last two years without any criminal case against them being started and the Centre has in fact failed to present any Final Report against them for almost one year despite the direction of the apex court to try and dispose of the case on a fast track basis," the petition said, adding that the accused be allowed to return to Italy till the proceedings begin.
On January 18 last year, the Supreme Court had directed the central agency to probe the case against the marines and directed the Centre to set up a special court to conduct the trial on a day-to-day basis after the charge sheet is filed.
The case pertains to the killing of two Indian fishermen allegedly by Latorre and Girone on board 'Enrica Lexie'.
Fearing a pirate attack, the two officers had allegedly fired at the fishermen's vessel off Kerala coast on February 15, 2012, killing two of them. The marines were arrested on February 19, 2012.