Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | International Law UNCLOS Municipal Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | International Law: . Incident of firing at a distance of about 20.5 nautical miles from the Indian sea-coast of the State of Kerala - Firing by officers of naval staff of Italy deployed on merchant ship of Italy - Resulting in death of two persons on Indian Fishing Vessel - FIR against two officers u/s. 302/34 IPC lodged in the State of Kerala - State Police investigated the matter and arrested the accused - Writ Petition u/Art. 226 of the Constitution by the accused challenging the jurisdiction of State of Kerala in registering FIR, in investigating the matter and in arresting the accused - During pendency of the writ petition criminal proceedings were also initiated against the accused in Italy under Italian Penal Code - The Consul General of Italy asserted that Italy had exclusive jurisdiction over the accused and they· having acted in official capacity were entitled to sovereign and functional immunity - During pendency of the judgment of High Court, Republic of Italy invoked jurisdiction u/Art. 32 of the Constitution for the same reliefs - As the writ petition u/Art. 226 was dismissed, SLP also filed - HELD: Action by State o' Kerala was without jurisdiction because the incident took place within Contiguous Zone on which the State did not have jurisdiction - Also because in the case, two sovereign countries were involved and one country had already initiated criminal proceedings against the accused, State of Kerala as one of the units of the federal unit would not have authority to try the accused - 'Declaration on Principles of International Law Concerning Family Relations and Co-operation between States in accordance with the Charters of United Nations' has to be conducted at federal level and not at provincial level - The incident cannot be said to be an ''incident of navigation" within the meaning of Art. 97 of UNCLOS - By virtue of extention of the provisions of IPC and Cr.P. C. to contiguous zone, Union of India is entitled to take cognizance, investigate and try the accused - But the same is subject to the provisions of Art. 100 of UNCLOS - Direction to Union of India to set up Special Court to try the case - Accused can also invoke provisions of Article 100 of UNCLOS whereupon the question of jurisdiction to investigate into the incident and for the courts in India to try the accused would be considered - found that both the countries i.e. India as well as Italy have concurrent jurisdiction over the matter, the directions passed in this judgment will continue - Penal Code, 1860 - ss. 302, 307, 427 r/w s.34 - Suppression of 0 Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 - s.3 - United Nations Convention on the Law of the Sea, 1982 - Articles 97 and 100 - Maritime Zones Act, 1976 - Declaration on Principles of International Law Concerning Family Relations E and Co-operation Between States in accordance with the Charters of United Nations - Constitution of India, 1950 - Article 297. |
Judge | Honble Mr. Justice Altamas Kabir Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2013 INSC 43 |
Petitioner | Republic Of Italy And Ors. |
Respondent | Union Of India And Ors. |
SCR | [2013] 4 S.C.R. 595 |
Judgement Date | 2013-01-18 |
Case Number | 135 |
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