Supreme Court Directs Central Government to Expedite Trial of Italian Marines in Fishermen Killing Case in a complex jurisdictional issue

Investigation handed over to National Investigation Agency; Court emphasizes speedy trial and jurisdictional clarity

In a significant ruling dated April 26, 2013, the Supreme Court of India addressed the ongoing legal dispute involving two Italian marines accused of killing two Indian fishermen off the Kerala coast. The case had raised complex jurisdictional issues, pitting the interests of the Republic of Italy against Indian authorities.

The incident occurred 20.5 nautical miles from the Kerala coastline, involving the alleged killing of Indian fishermen aboard an Indian fishing vessel. Following initial investigations by the Kerala Police, which were challenged for lack of jurisdiction, the Supreme Court had earlier ruled on January 18, 2013, that Kerala’s courts lacked jurisdiction and that the Union of India held exclusive authority to investigate and prosecute the case under international law and relevant Indian statutes.

In the latest development, the Supreme Court noted that the Central Government had appointed the National Investigation Agency (NIA), under the National Investigation Agency Act, 2008, to take over the investigation. The case was re-registered with the NIA in New Delhi and is being investigated under various sections of the Indian Penal Code, including murder (Section 302), attempt to murder (Section 307), and criminal mischief (Section 427), along with provisions of the Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002.

The Court acknowledged objections raised by the defense counsel about the change in investigative agency and the invocation of the 2002 Act, which carries stringent penalties including the death sentence. However, the Court clarified that its earlier directions pertained solely to the question of jurisdiction and not the designation of the investigating agency. The Court emphasized that the Central Government’s decision to entrust the NIA with the investigation was within its prerogative and that any jurisdictional errors could be challenged through appropriate legal channels.

Further, the Supreme Court reiterated its call for the trial to be conducted expeditiously, ideally on a day-to-day basis, to ensure swift justice. It also maintained the bail conditions set in the earlier order dated January 18, 2013.

This judgment highlights the delicate interplay between international law, sovereign jurisdiction, and Indian criminal law in addressing incidents occurring in maritime zones. The Supreme Court’s approach aims to balance diplomatic sensitivities with the imperative for a fair and prompt trial under Indian law.

Statutory provisions

Constitution of India, 1950 Article 32; National Investigation Agency Act, 2008; Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Section 3; Indian Penal Code Sections 302, 307, 427, 34; Maritime Zones Act, 1976; United Nations Convention on the Law of the Sea (UNCLOS), 1982 Article 100

Republic of Italy v. Union of India (SC) : Law Finder Doc Id # 431305