NEW DELHI, Apr 4:
A special court to try the two Italian marines may take some time to be set up as the government is dealing with a unique case with several complications involving a foreign country.
The indication of delay due to the complexity of the matter was given here by the Ministry of External Affairs (MEA).
“…This is a sui generis situation. It has never happened before that you set up a special court of the type that is being suggested by the Supreme Court under the supervision of the Central Government to make that choice,” MEA spokesperson Syed Akbaruddin said here.
The Italian marines are accused of killing two Indian fishermen off Kerala coast in February last year.
Their trial was going on in Kerala, but the Supreme Court has taken it out of the Kerala High Court jurisdiction and ordered that a special court be set up for the purpose.
The MEA spokesperson, while replying to a question from reporters here yesterday, said that such court would be unique as it would not follow a previous pattern.
“Therefore, we need to be cautious and careful, and act with circumspection before we do that. That is because, as you are aware, these are all open to legal interpretation and questioning.
“So, the time that is being taken is only to ensure that we follow a very rigorous process, a very well thought-out process, and a process which will ensure that it is legally viable and stands up to judicial scrutiny,” he said.
When asked whether there would be some contact with Rome in this process to decide the procedure and structure of a special court, Mr Akbaruddin said that was an internal process limited to India and various Ministries like Ministry of Home Affairs, Ministry of Justice and Legal Affairs, Ministry of External Affairs, etc and the discussions on it were on.
He did not give any categorical reply to the question on media report about the case being handed over to NIA for investigation.
“As of now, no formal orders have been issued. Once this is done, and there are formal notifications for this process we can respond. Those formal notifications have not taken place,” he said.
The spokesperson also gave indications of normalisation in the relations of the two countries that had come under strain following the refusal of Italy not to send the mariners back to India for trial, a decision that was later reversed after India gave assurance that they would not face death penalty.
The MEA spokesperson said Ambassador designate to Italy Basant Gupta would now be moving to Italy this month.
Mr Gupta had been asked not to take charge in Rome following the diplomatic row over the Italian Government’s decision of not sending the marines, back to India to stand trial.
“Since the circumstances that precluded his move then have now passed us and we have moved forward in that context,…..We expect that during the course of this month, perhaps towards the later half of this month or towards the end of this month, we hope that he will be able to move from Delhi and assume his new responsibilities in Rome.”
When asked about the “review” India was taking of its relations with Italy following the diplomatic row, the spokesperson said, “I think I indicated to you that one of the first steps in that review was to say that the Indian Ambassador would not move…As a corollary to that, there is an indication that things have passed beyond that. I think I have indicated more than enough on that.” (UNI)
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