Thursday, April 4, 2013

Crime and Punishment


"---------another NIA official adding that without SUA, the NIA would have no jurisdiction over the case. " Very very interesting statement. In plain words it means that SUA was invoked to make the NIA eligible to investigate and not because the crime falls within the ambit of SUA. It boils down to the simple fact that India does not have any agency which can investigate crime at high seas. This SUA in full form is 'Convention For The Suppression of Unlawful Acts Against the Safety of Maritime Navigation'. In the beginning of the Act is stressed again and again that it is for the purpose of terrorism. There it was specifically stated that '..NOTING that acts of the crew which are subject to normal shipboard discipline are outside the purview of this Convention...'. What does it mean ? It is specifically to be used to a criminal activity is connected or at least suspected to be connected with terrorism. By no stretch of imagination this alleged shooting can be called a terrorism connected activity. One learned and honourable judge of a Kerala court when asked by the defence counsel whether this shooting can be termed as an act of terrorism has answered orally that it can be considered but did not give any further explanation to his statement. I have long back heard that, for the recruitment to some government post which had age bar a protege of a minister was to be considered and obviously selected. Unfortunately the person was not eligible due to age bar. So the rule was changed so that that person could also apply. After the person was selected the age bar was restored to its previous level. This also looks something on those lines. Just to make NIA eligible to do investigation change the law to be applied. My question is simple. When India do not have any proper law or agency to try this case, and when Italy had paid adequate compensation to the aggrieved parties, what was the purpose of hogging this case from the Italian hands? Does India think that Italy will not try this case properly and punish the marines if found guilty?  Does India think that India is the only country in the world where dispensation of justice is really JUST ? Will not proper justice meted out to the crime committed on Indian citizen if the trial and punishment was done by Italy? If all the crimes committed against Indian citizens are to be tried in India only will not India have to ask all other countries of the world to send back all the Indians who have committed crimes in other countries. Why not take up the matter of Rajat Gupta and ask US to send him to India for proper and just trial here? Why not our Parliament enact a law that all the citizens of India who commit crime abroad should be deported to India by the countries where the crimes were committed to have a fair and just trial? If any MPs read this I am sure at least some of them will take up this suggestion of enacting this law to get all our citizens who have committed crime abroad to be sent to India.
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