Supreme Court gives govt two days to make up mind on Italian marines

NEW DELHI: The Supreme Court on Tuesday asked the Centre to file an affidavit by Friday on its final decision on contentious anti-piracy charges against two Italian marines, arrested for allegedly killing two fishermen off the Kerala coast two years ago.

Attorney general GE Vahanvati said "the Indian government is doing its best to help the marines" and told a bench of justices BS Chauhan and MY Eqbal that law minister Kapil Sibal, external affairs minister Salman Khurshid and home minister Sushilkumar Shinde had met to resolve the issue last Thursday and entrusted the law minister with taking a decision.

"The decision from the law minister is expected in two-three days," the AG said. This prompted the bench to ask for the Centre's affidavit on the issue by Friday. It posted the petition on behalf of marines Massimiliano Latorre and Salvatore Girone, filed by Italian ambassador Daniele Mancini, for hearing on Monday.

Since the chargesheet against the marines had been readied but not filed, the AG hoped that the government would be able to resolve whether Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act (SUA Act) provisions be applied against the marines.

Italy had strongly objected to slapping of Sections 3(a) and 3(g) of SUA as it mandates imposition of death penalty on conviction. Later, the government decided to drop Section 3(g) from the yet to be filed chargesheet. But this failed to calm Italy's ruffled feathers leading to the meeting between three Union ministers.

Given the confusion within the government and its ministers on invoking SUA, engagement of National Investigation Agency and frequent shifting of stand on the case, the Italian ambassador did not miss the chance to take pot shots at the government despite clear directions from the apex court a year ago for expeditious trial of the marines.

Mancini's counsel Mukul Rohatgi said the reported decision of the government to drop Section 3(g) of SUA against the marines was not acceptable to Italy. "They (Indian government) have changed their stand six times. Every time they say we are invoking this, we are invoking that. You have three ministers who can't read an Act," Rohatgi said.

He requested the court to allow the marines to return to Italy and promised that they would come back as and when the government readies the chargesheet.