The stringent provisions of the Act, called Suppression of Unlawful Acts against the Safety of Maritime Navigation, attract death penalty for murder on high seas. The sanction, which was granted late on Friday evening, has come in the face of stiff opposition from Italy to try its marines under the Act and a petition has been filed in the Supreme Court by the marines to drop all charges on them due to inordinate delay in trial.
NIA, however, is not likely to file a chargesheet in the case anytime soon, sources said. "The matter is pending with the Supreme Court. Though we have been granted sanction to prosecute under SUA, we would ideally wait for the SC to decide the matter and then proceed with the chargesheet. Our investigation in the case is complete," said an NIA officer.
Italian marines, Salvatore Girone and Massimiliano Latorre, have filed a plea in the apex court asking for dropping the charges against them while highlighting the inordinate delay in their trial.
The court has adjourned the matter for hearing to February 3 as the government has said it is trying to resolve the issue.
The Italian marines have been under detention in India for the past two years even as the special court hearing the matter was supposed to complete the trial within one year.
On January 18, 2013, the SC had ruled that Kerala government had no independent jurisdiction over the marines and only the Union of India could try them.
Italy has argued in the SC that "invoking the anti-terrorism SUA Act would be tantamount to the Republic of Italy being termed a terrorist state".
Sources in the government say that though there was diplomatic pressure to not try the Italian marines under SUA Act as conviction would likely mean death penalty, MHA went ahead with granting the sanction following due deliberations that involved seeking legal opinion and discussions with ministry of external affairs.
Sources said it was MHA's decision to give the case to NIA following SC order of January 18, 2013, even though it could have been investigated by CBI under section 302 of Indian Penal Code.
"The choice of NIA made it necessary to invoke SUA Act in the case as otherwise the agency could not have had jurisdiction over the case. If sanction was not granted to NIA under SUA, the agency would have found it difficult to file a charge sheet in the case under any other Act," said an official privy to discussions on the matter.
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