The prospect of the Enrica Lexie case coming back to Kerala emerged on Monday, amid indications that the Union Home Ministry may deny sanction to prosecute the two Italian marines accused of killing two Kerala fishermen under a law which provides death penalty — the Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act.
If that happens, the case will come back to the Kerala Police and the accused will be tried under the Indian Penal Code. Under the Act, one who is proven to have caused death will be awarded only death penalty.
The Supreme Court handed over the probe to the NIA, which under law is mandated to probe only scheduled offences. Marines Massimiliano Latorre and Salvatore Girone are now lodged in the Italian Embassy premises in Delhi.
The Supreme Court had shifted the case to Delhi, saying that the Kerala Police had no jurisdiction.
