The decision was taken under the stringent Suppression of Unlawful Acts against Safety of Maritime Navigation Act (SUA), 2002.
This decision by Shinde will rule out the chances of death penalty on marines
On being asked about why the central governments had not imposed international anti-piracy law on the Italian marines, Shinde said the law was usually applied in cases of militant attacks and killing of fishermen does not come under such category.
"SUA (Suppression of Unlawful Act) is usually applied for the terrorists and if you see the reports also...as per the opinion of law and the higher officials, the Italian marines case doesn't come under SUA", Shinde told media on Wednesday during the inauguration of a Border Security Force (BSF) unit near Nadapuram.
"As far as the incident is concerned, everyone has taken cognizance of it. The only act they should be prosecuted under is a question mark. Let the court decide", he said.
The Centre withdrew anti-piracy charges in the Supreme Court against the two Italian marines, charged with the killing of fishermen, an incident that soured diplomatic relations between both the countries.
Massimiliano Latorre and Salvatore Girone, part of a military security team protecting a cargo ship off the coast of Kerala, say they thought the fishermen were pirates and fired shots to warn them off.
This decision by Shinde will rule out the chances of death penalty for the two marines who are facing trial for allegedly killing two Indian fishermen off Kerala coast in February 2012.