Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | International Law |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | International Law - Incident of killing of two fishermen by two marines of Italy - At the distance of 20.5 nautical miles from the Indian sea-coast, off the coastline of the State of Kerala - Initiation of Criminal proceedings against the marines by the Sate of Kerala - Writ Petition by Republic of Italy and SLP by the two marines questioning the jurisdiction of Republic of India and the State of Kerala to investigate and try the case - Supreme Court disposed of the Petitions holding that the State of Kerala had no jurisdiction to investigate and try the case and Union of India had jurisdiction to proceed with the investigation and trial until it was proved that Article 100 of UNCLOS, 1982 was applicable to the case - Direction was given to Union of India to set up Special Court to try the case and to dispose of the same in accordance with the provisions of the Maritime Zones Act, 1976, IPC, Cr.P.C. and provisions of UNCLOS, 1982 - Matter mentioned before supreme Court stating that Government of India received a communication from the Embassy of Italy which indicated that the Government of Italy had decided not to return the accused marines to India to stand trial - Court after giving certain directions enquired as to what steps were taken to constitute the Special Court - The Court was informed that National Investigation Agency was appointed to take-over the investigation - Handing-over the investigation to the National Investigation Agency was opposed by the accused marines - Held: Supreme Court cannot be called upon to decide as to which would be the agency to investigate - It is for the Central Government to take decision in the matter - As the Central Government has duly taken steps in terms of the directions given in the main judgment, it is left to the Central Government to take further steps in the matter. |
Judge | N/A |
Neutral Citation | 2013 INSC 282 |
Petitioner | Republic Of Italy & Ors. |
Respondent | Union Of India & Ors. |
SCR | [2013] 5 S.C.R. 466 |
Judgement Date | 2013-04-26 |
Case Number | 135 |
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