Page 1 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO. 536 OF 2012

GAURAV KUMAR BANSAL ... PETITIONER

VERSUS

UNION OF INDIA & ORS. ... RESPONDENTS

W I T H

WRIT PETITION (C) NO. 26 OF 2014

RAJNI SINGH ... PETITIONER

VERSUS

UNION OF INDIA & ORS. ... RESPONDENTS

J U D G M E N T

Adarsh Kumar Goel, J.

1.These petitions seek directions to the Government of

India to intervene and expedite release of Indian Seamen held

hostages by the Somalian Pirates in the international waters

on 29

th

March, 2010, 2

nd

March, 2012 and 10

th

May, 2012 and

to frame anti-piracy guidelines. Writ Petition (C) No. 536/2012

described as PIL, is claimed to be by way of legal aid to the

captivated seamen at the instance of relatives of the victims,

while Writ Petition (C) No. 26/2014, also described as PIL, has

Page 2 Writ Petition (C) No.536 of 2012

been filed by the wife of one of the captivated seamen. Thus,

though described as PIL, both the petitions seek enforcement

of rights of individual seamen who are held hostages at high

sea.

2.Case of the petitioner is that three merchant vessels

have been hijacked in the high sea and out of the crew

members held captive by the pirates, eight persons continued

to be detained by them. It is the duty of the Government of

India to take necessary steps to secure their release.

Representations have been made to the Government

authorities, but effective steps have not been taken to secure

their release. Piracy is illegal as per UN Conventions on the

Law of the Sea (UNCLOS). It is the fundamental duty of the

Member States to cooperate in preventing incidents of piracy.

International Maritime Organisation (IMO) is a UN specialised

agency for safety of shipping and prevention of marine

pollution by ships. As per information available on the website

of IMO, armed pirates hijacked cargo ship “ICEBERG-1” (Flag

State Panama) in International Waters of East Africa and took

24 crew members (6 are Indians) hostage and sailed the ship

to Somali coast on 29

th

March, 2010, at 9.30 hrs. On 10

th

May,

2012, at 9.23 am, pirates hijacked Tanker Ship “Symrni” (Flag

State Liberia) at Arabian Sea and took 26 crew members

2

Page 3 Writ Petition (C) No.536 of 2012

(11 Indians) hostage. On 2

nd

March, 2012, at 12.19 hrs,

Somalian pirates hijacked Chemical Tanker “Royal Grace”

(Flag Stage Panama) at Arabian Sea and took hostage 22 crew

members (17 Indians) and sailed the ship towards coast of

Somalia. Indian seamen were employed through East India

Shipping Agency, Mumbai (Report No.5).

3.It has further stated by the petitioner that the Admiralty

Offences (Colonial) Act, 1849 provided for prosecution for

offences at sea. Suppression of unlawful acts against Safety

of Maritime, Navigation and Fixed Platform on Continental

Shell Act (hereinafter referred to as SUA Act) 2002 has been

enacted by Indian Parliament and contains provisions for

dealing with the illegal activities which endanger the safety of

maritime navigation and the safety of persons and property

on the sea. Union of India has failed to protect the life and

liberty of concerned Indian citizens in spite of being

approached for the purpose.

4.On 14

th

February, 2014, time was given to the learned

counsel for the Union of India to file an affidavit setting out the

protocol, procedure and process followed by the Government

of India in matters like the present where an Indian national is

missing either on the high seas or elsewhere and also to set

out the details and efforts made in locating and rescuing one

3

Page 4 Writ Petition (C) No.536 of 2012

of the missing persons. Accordingly, affidavit has been filed

on 7

th

March, 2014 by the Under Secretary, Ministry of

Shipping, Government of India, stating that since the year

2008, the pirates operating from Somalia have become a

serious menace for the safety of maritime traffic as well as the

crew members in the gulf of Aden and Western Arabian Sea

and as a consequence thereof, Indian seafarers have also

suffered at the hands of the said pirates. Ten Indian seafarers

are held captive by the said pirates, seven of whom are ex-

Asphalt Venture, one ex-MT Albedo, while the whereabouts of

one Dheeraj Tiwari ex-MY Iceberg and one Rajbhar Rajoo

Prasad ex-MT Albedo are not known. MV Asphalt Venture was

hijacked on 29

th

September, 2010 with fifteen Indian crew

members on board. The ship was released on 16

th

April, 2011

with eight Indian crew members and seven crew members

were held back as hostages and they continue to be under the

custody of the pirates at unknown location. MV Albedo was

hijacked on 26

th

November, 2010 with crew members which

included two Indians; one of the Indian crew members died.

The said vessel sunk off on 7

th

- 8

th

July, 2013, but one Indian

seafarer is reported to be safe. The Indian crew members

were employed by the foreign owned registered vessels

through recruitment and placement service provider at

4

Page 5 Writ Petition (C) No.536 of 2012

Mumbai. The Government of India has urged the ship owners

and employers to initiate measures for the release of Indian

seafarers and also raised the subject of continued captivity of

Indian seafarers during the meetings held under the IMO and

Contract Group on Piracy off the Coast of Somalia (CGPCS). In

case of foreign owned and foreign registered ships, the

Government is severely constrained to take measures for

release of seafarers held captive by Somali pirates. It has

been further stated in the above affidavit that Government of

India has put in place an institutional structure for crisis

management to ensure advance preparedness and quick

response to counter such unlawful acts. This set up has the

Cabinet Committee on Security (CCS) for taking major policy

decisions, a Committee of Secretaries for Anti Piracy and

Hijack at Sea (COSAPH), chaired by Cabinet Secretary which

has the executive responsibility for hands on crisis

management. The issue of captivity of Indian seafarers and

their release has been taken up in the meetings of Inter-

Ministerial Group of Ministers (IMG), a body reporting to

COSAPH set up under the Ministry of Shipping and headed by

the Additional Secretary, Ministry of Shipping, to address

issues of hijacking of merchant ships involving Indian

seafarers. The IMG has members representing all concerned

5

Page 6 Writ Petition (C) No.536 of 2012

Ministries and agencies like the Ministry of External Affairs

(MEA), the Ministry of Defence (MOD), the Ministry of Home

Affairs (MHA), Intelligence Bureau (IB), the Cabinet

Secretariat, and the Directorate General of Shipping (DGS).

This Group of Officers has been meeting regularly to appraise

the developing situations and review the efforts and measures

being taken by the various agencies within their concerned

areas of mandated responsibilities for securing the release of

Indian hostages who have been in captivity of Somalian

pirates. Respondent No.2, Ministry of External Affairs, as part

of this IMG, has been closely co-ordinating in securing early

release of the Indian hostages of MV Asphalt Venture and MV

Albedo. The Government of India has consistently taken up

the issue of Indian seafarers of MV Asphalt Venture and MV

Albedo, including with the Somali Ambassador in New Delhi.

Separately, the High Commission of India in Nairobi, Kenya,

which is concurrently accredited to Somalia, has consistently

taken up the issue of the Indian hostages of MV Asphlat

Venture and MV Albedo with the authorities in Somalia since

the occurrence of the incidents. Recently, High Commissioner

of India in Nairobi wrote a letter to the President of the

Puntland State of Somalia on 14

th

October, 2013 seeking

information on the Indian hostages of MV Asphalt Venture and

6

Page 7 Writ Petition (C) No.536 of 2012

MV Albedo. However, no definite response has been

forthcoming from the Somali Government in this regard.

Again, High Commissioner of India in Nairobi visited

Mogadishu from 21

st

- 22

nd

January, 2014 and met the Somali

President, Prime Minister and Principal Secretary, Foreign

Affairs and International Cooperation, and handed over the list

of Indian hostages of MV Asphalt Venture and MV Albedo and

requested for providing any information on them and for

assistance in securing release of Indian seafarers in the

custody of the Somali pirates. However, no response has

been received in this regard so far.

5.It is further pointed out in the affidavit that at the

International level, pursuant to a United Nations Security

Council resolution, a ‘Contract Group on Piracy off the Coast of

Somalia’ (CGPCS) was established in January, 2009 to

coordinate anti-piracy efforts of the International Community.

India is a founder-member of the CGPCS and has been fully

engaged in the efforts to share information, coordinate actions

of the navies in combating piracy in the Gulf of Aden, raising

public and merchant marine awareness and examining legal

issues with respect to apprehended pirates. It has been

further submitted that India chaired the CGPCS from

September, 2012 to December, 2012 including the 13

th

7

Page 8 Writ Petition (C) No.536 of 2012

Plenary Session held in New York on 11

th

December, 2012.

India, during its Presidency of the Security Council in

November, 2012, organized an open debate on the subject of

piracy on 19

th

November, 2012 following which a Presidential

statement was adopted by the Council high-lighting the cause

of the welfare of seafarers. Respondent No.2 is also

coordinating with the UN and other international bodies like

the Contract Group on Piracy off the Coast of Somalia (CGPCS)

to seek coordinated solutions to the problem of combating

piracy off the coast of Somalia. India has called for better

coordination of international efforts for escorting merchant

ships and patrolling in the region, preferably under the aegis

of the United Nation. India has also become a member of

International Contact Group (ICG) on Somalia in 2013.

It has been submitted that representative of respondent

No.2 participated in the 15

th

Plenary Session of Contact Group

on Piracy off the Coast of Somali (CGPCS) and Anti Piracy

Week held in Djibouti from 10

th

-15

th

November, 2013. During

the visit, key contacts were made with all the stake holders,

including NGOs dealing with piracy and hostage crisis, UNODC

officials, officials from Somalia and its entities, i.e., Puntland

and Somaliland. The delegation also sought assistance of all

8

Page 9 Writ Petition (C) No.536 of 2012

the stakeholders in securing early release of Indian seafarers

of MV Asphalt Venture and MV Albedo.

India is a signatory to the United Nations Convention of

the Law of Sea (UNCLOS), 1982, which defines piracy and

pirates acts (Article 101). India does not presently have a

separate legislation on piracy. Therefore, it was decided by

the Government to prepare a comprehensive domestic

legislation on piracy in line with the UNCLOS definition of

‘piracy’ at the earliest so as to ensure effective prosecution of

the pirates and to act as a deterrent to pirates. For this

purpose, the Piracy Bill 2012 was prepared by the MEA in

consultation with the Ministries of Shipping, Defence, Home

Affairs and Law & Justice and tabled, with the approval of the

Cabinet, in the Parliament. Piracy Bill 2012 was listed in

earlier sessions of Parliament but, due to paucity of time, it

could not be considered. It is likely to be considered in the

ongoing session of Parliament for which External Affairs

Minister has already issued a notice.

India has been providing assistance to Somalia in its

capacity building to enable it in combating piracy more

effectively. It is not out of place to mention that India has

contributed US $ 3 Million towards augmentation of the

African Union Mission in Somalia during 2011-2012.

9

Page 10 Writ Petition (C) No.536 of 2012

Somalia continues to be impacted by Civil War, terrorism

and the resultant instability and the State hitherto did not

have full control over areas in Somalia from where the pirates

operate. The new Federal Parliament was inaugurated on 20

th

August, 2012 ending the mandate of Somalia’s eight year old

Transitional Federal Government. The new political

dispensation in Somalia is in the process of taking over

effective control and, therefore, their role in securing release

of seafarers under the custody of pirates is expected to

gradually increase.

The subject of ensuring the safety and security of

seafarers, sailing on the high seas, is being seriously taken up

by the IMO and also at the meetings of CGPCS. Several

measures have been recommended which include, following

Best Management Practices (BMP-version 4) and deployment

of armed guards on board merchant ships. Prudent ship

owners follow such recommendations which has resulted in no

cases of hijacking by Somali pirates taking place during the

last almost one and half year. Informatively, in the cases of

MT Asphalt Venture and MV Albedo, armed guards were not

deployed by their respective owners.

All the concerns of the families of Indian crew held

captive by pirates are duly transmitted to the concerned

10

Page 11 Writ Petition (C) No.536 of 2012

agencies through the deliberations at the meetings of IMGO.

The IMGO also reviews from time to time the possibility of

offering financial assistance to the families of affected

seafarers by way of granting ex-gratia payments wherever the

ship owners/employers abdicate their responsibilities in order

to somewhat ease the financial burden on the families of the

captive seafarers. Respondent No.3 had granted ex-gratia

payments to the Indian families of MV Albedo, in December,

2012. Further, the families of crew of MT Asphalt Venture

have been paid their wages till 2013 under the orders of the

Hon’ble High Court of Bombay.

The seamen held hostages in March, 2010 have not

been released till date is not correct as the MV Iceberg-I was

captured on 29

th

March, 2010 and was subsequently released

on 23

rd

December, 2012 along with all the 22 crew of different

nationalities except Sh. Dheeraj Tiwari, Chief Officer whose

whereabouts are not yet known and presumed to be still

missing/unaccounted for since 8

th

September, 2011, during

the captivity period. No other Indian national seafarer of MV

Iceberg-I is currently in Somali pirate’s custody since March,

2010 as contended by the petitioner. The remnant eight

Indian crew that continue to be in Somali pirates captivity till

11

Page 12 Writ Petition (C) No.536 of 2012

date, are seven Indian crew ex-MT Asphalt Venture from 29

th

September, 2010 and one Indian crew of MV Albedo.

6.Counter affidavit has also been filed by the Ministry of

External Affairs with almost similar stand. It may be

worthwhile to reproduce the relevant statement made in the

said affidavit:-

“It is submitted that India has been

providing assistance to Somalia in its

capacity building to enable it in combating

piracy more effectively. It is further

mention that India has contributed US$ 3

Million towards augmentation of the African

Union Mission in Somalia during 2011-2012.

It is further submitted that Somalia

continues to be impacted by Civil War,

terrorism and the resultant instability and

the State hitherto did not have full control

over areas in Somalis from where the

pirates operate. The new Federal

Parliament was inaugurated on 20.08.2012

ending the mandate of Somalia’s eight year

old Transitional Federal Government. The

new political dispensation in Somalia is in

the process of taking over effective control

and therefore, their role in securing release

of seafarers under the custody of pirates is

expected to gradually increase.”

7.In the affidavit filed on 11

th

April, 2013 in Writ Petition

(C) No. 536 of 2012 steps taken in the matter have been

stated as follows:-

“4.It is respectfully submitted that the

Government has set up an Inter-Ministerial

Group of Officers (hereinafter referred to as

the “IMG”) headed by the Additional

Secretary to the Ministry of Shipping to

address issues of hijacking of merchant

12

Page 13 Writ Petition (C) No.536 of 2012

ships involving Indian seafarers.

Furthermore, the IMG has members

representing all concerned Ministries and

agencies and meets regularly to deal with

the situation of Indian hostages who are in

captivity of Somali pirates.

5. It is further submitted respectfully

that Ministry of External Affairs and the

Indian Missions abroad continuously seek

the help of the concerned foreign

governments to liaise with ship owners and

persuade them to secure early release of

Indian hostages held captive by Somali

pirates.

6. It is respectfully submitted that

Government’s relentless efforts in securing

release of Indian hostages on board the

three merchant vessels, namely, MV

Iceberg, MT Smyrni and MT Royal Grace –

mentioned in this Writ Petition, have yielded

significant results in the recent past that

may be summed up as following”

(i)22 seafarers, including 5 Indian

Seamen on board MV Iceberg, hijacked on

29.03.2010, were rescued by the Puntland

Maritime Police Force (hereinafter referred

to as the “PMPF”) in a humanitarian rescue

operation conducted on 23.12.2012 and

subsequently arrived in India safely. These

seamen were held hostage on board MV

Iceberg since March, 2010. Only one Indian

Seafarer on board MV Iceberg i.e. Shri

Dheeraj Tiwari is still missing as he was not

found onboard at the time of the

aforementioned rescue operation. The

Indian Government is making endeavours to

ascertain his whereabouts.

(ii)It is respectfully submitted that two

vessels namely MT Royal Grace and MT

Smyrni were hijacked on 02.03.2012 and

10.05.2012 respectively. It is further

submitted that MT Royal Grace and MT

Smyrni along with multinational crew,

including 28 Indians, were released by

Somali pirates on March 8/9, 2013. The two

ships reached Salalah port in Oman on

March 13 and March 14, 2013 respectively.

13

Page 14 Writ Petition (C) No.536 of 2012

7. It is respectfully submitted that the

17 Indian crew members of MT Royal Grace

and 11 Indian crew members of MT Smyrni

were received at Salalah by officials from

our Embassy and were extended all

assistance. Their travel to India was

facilitated by our Mission. 11 crew

members of MT Smyrni safely arrived in

India on March 18, 2012. 16 of the 17

Indian crew members of MT Royal Grace

have safely arrived in India till date. At

present, only 1 of the Indian crew members

of MT Royal Grace (Captain) is on board

along with 2 Nigerians, 1 Pakistani and 1

Bangladeshi as minimum manning

requirement for the ship. He is expected to

reach India once the replacement crew is

arranged by the ship owner.

8. It is respectfully submitted that the

Ministry of External Affairs (hereinafter

referred to as the “MEA”), as part of the

Government of India, has been making all

efforts to deal with piracy and hostage

crisis. The piracy issue is also taken up

during all high level interactions with the

Government of Somalia.

9. It is respectfully submitted that at the

International level, pursuant to a United

Nations Security Council resolution, a

‘Contract Group on Piracy off the Coast of

Somalia’ (hereinafter referred to as the

“CGPCS”) was established in January, 2009

to coordinate anti-piracy efforts of the

International Community. It is further

respectfully submitted that India is a

founder-member of the CGPCS and has

been fully engaged in the efforts to share

information, coordinate actions of navies in

combating piracy in the Gulf of Aden,

raising public and merchant marine

awareness and examining legal issues with

respect to apprehended pirates. It is

further submitted that India chaired the

CGPCS from September, 2012 to December,

2012 including the 13

th

Plenary Session held

in New York on 11.12.2012. The

Communique adopted by the CGPCS, inter-

alia, highlighted the need for greater

14

Page 15 Writ Petition (C) No.536 of 2012

International Cooperation for securing the

early release of hostages and their Welfare.

10.It is respectfully submitted that India

during its Presidency of the Security Council

in November, 2012 organized an open

debate on the subject of piracy on

19.11.2012 following which a Presidential

Statement was adopted by the Council

highlighting the cause of the welfare of

seafarers.

11.It is respectfully submitted that India

is a signatory to the United Nations

Convention of the Law of Sea, 1982

(hereinafter referred to as the “UNCLOS”)

which defines piracy and pirate acts (Article

101). It is further submitted that India does

not presently have a separate legislation on

piracy. Therefore, it was decided by the

Government to prepare a comprehensive

domestic legislation on piracy in line with

the UNCLOS definition of ‘piracy’ at the

earliest so as to ensure effective

prosecution of the pirates and to act as a

deterrent to pirates. For this purpose, the

Piracy Bill 2012 was prepared by the MEA in

consultation with the Ministries of Shipping,

Defence, Home Affairs and Law & Justice

and tabled with the approval of the Cabinet

in the Lok Sabha on 24 April 2012. The Bill

was referred to the Standing Committee on

External Affairs which presented its report

to the Lok Sabha on 14 August 2012. Based

on recommendations made by the Standing

Committee and subsequent inter-ministerial

consultations held with all concerned

Ministries/Departments, Official

Amendments to the Piracy Bill, 2012 were

approved by Cabinet on 18 March, 2013.

12.It is submitted that, India has been

providing assistance to Somalia in its

capacity building to enable it in combating

piracy more effectively. It is not out of

place to mention that India has contributed

US$ 3 Million towards augmentation of the

African Union Mission in Somalia during

2011-2012.

13.It is further submitted that the MEA

and the Indian Missions abroad have played

15

Page 16 Writ Petition (C) No.536 of 2012

an important role in release of Indian

Hostages on board MV Suez, MV Fairchem

Bogey, MV Savina Caylyn, MT Smyrni, MT

Royal Grace and others.

14.It is respectfully submitted that

Somalis continues to be impacted by Civil

War, terrorism and the resultant instability

and the State hitherto did not have full

control over areas in Somalia from where

the pirates operate. The new Federal

Parliament was inaugurated on 20.08.2012

ending the mandate of Somalia’s eight year

old Transitional Federal Government. The

new political dispensation in Somalia is in

the process of taking over effective control

and therefore, their role in securing release

of seafarers under the custody of pirates is

expected to gradually increase.”

8.We have heard learned counsel for the parties.

9.Learned counsel for the petitioner submitted that this

Court may issue directions to the Government of India to take

up the matter at the international level and to secure the

release of Indian citizens who have been held captive by the

Pirates. Learned counsel for the Union of India, however,

submitted that all necessary steps have already been taken

and will continue to be taken as the Government of India is

concerned with the issue of safety of its citizens and in the

circumstances no direction is called for.

10.There is no manner of doubt that a welfare State is

protector of life and liberty of its citizens not only within the

country but also outside the country in certain situations.

Concept of parens patriae recognises the State as protector of

16

Page 17 Writ Petition (C) No.536 of 2012

its citizens as parent particularly when citizens are not in a

position to protect themselves. The Preamble to the

Constitution, read with Directive Principles, under Articles 38,

39 and 39A enjoins the State to take all protective measures

to which a Social Welfare State is committed. Interestingly,

this doctrine has been recognised in India even before the

Constitution came into force. Referring to this aspect, this

Court, in Charanlal Sahu vs. Union of India

1

observed as

under:-

“35.......Thus the position is that

according to Indian concept parens

patriae doctrine recognized King as the

protector of all citizens and as parent. In

Budhakaran Chankhani v. Thakur Prasad

Shah AIR 1942 Cal. 311 the position was

explained by the Calcutta High Court at

page 318 of the report. The same position

was reiterated by the said High Court in

Banku Behary Mondal v. Banku Behary

hazra at page 205 of the report. The

position was further elaborated and

explained by the Madras High Court in

Medai Dalavoi T. Kumaraswami Mudaliar v.

Meddi Dalavoi Rajammal at page 567 of the

report. This Court also recognized the

concept of parens patriae relying on the

observations of Dr. Mukherjea aforesaid in

Ram Saroop v. S.P. Sahi at pages 598 and

599. In the "Words and Phrases" Permanent

edition, Vol. 35 at page 99, it is stated

that parens patriae is the inherent power

and authority of a Legislature to provide

protection to the person and property of

persons non sui juris, such as minor, insane,

and incompetent persons, but the

words "parens patriae" meaning thereby

'the father of the country', were applied

originally to the King and are used to

1

(1990) 1 SCC 613

17

Page 18 Writ Petition (C) No.536 of 2012

designate the State referring to its

sovereign power of guardianship over

persons under disability. (Emphasis

supplied). Parens patriae jurisdiction, it has

been explained, is the right of the sovereign

and imposes a duty on sovereign, in public

interest, to protect persons under disability

who have no rightful protector. The

connotation of the term "parens patriae"

differs from country to country, for instance,

in England it is the King, in America it is the

people, etc. The Government is within its

duty to protect and to control persons under

disability. Conceptually, the parens patriae

theory is the obligation of the State to

protect and takes into custody the rights

and the privileges of its citizens for

discharging its obligations. Our Constitution

makes it imperative for the State to secure

to all its citizens the rights guaranteed by

the Constitution and where the citizens are

not in a position to assert and secure their

rights, the State must come into picture and

protect and fight for the rights of the

citizens. The Preamble to the Constitution,

read with the Directive Principles, Articles

38, 39 and 39A enjoin the State to take up

these responsibilities. It is the protective

measure to which the social welfare state is

committed. It is necessary for the State to

ensure the fundamental rights in

conjunction with the Directive Principles of

State Policy to effectively discharge its

obligation and for this purpose, if

necessary, to deprive some rights and

privileges of the individual victims or their

heirs to protect their rights better and

secure these further......”

11.This Court is assigned the role of sentinel on the qui vive

for protection of rights of citizens and steps in, in exercise of

power of judicial review for protection of Fundamental Rights

of the citizens, if the State fails to perform its duty. At the

same time, this Court cannot assume the role of the executive

18

Page 19 Writ Petition (C) No.536 of 2012

to oversee the sensitive issue of coordination with

international agencies and bodies for securing release of

Indian citizens who are held hostages abroad, when it is

shown that the departments of the Government have not only

taken cognizance of the problem but also taken, in right

earnest, whatever steps could be possible. The issue of

coordination at international level with foreign countries and

international bodies has to be left to the wisdom of experts in

the Government. It is not a case where the State has not

shown any concern for its citizens, but where unfortunate

situation has come about in spite of serious efforts. Handling

of the situation requires expertise and continuous efforts. It

has not been pointed out as to what particular direction can

be issued in the circumstances. While safety and protection of

the lives and liberty of Indian citizens is also the concern of

this Court, the issue has to be dealt with at the level of the

executive. From the affidavit filed on behalf of the Union of

India, it is evident that steps have been taken at various

levels, though without complete success.

12.It does appear that pirates operating from Somalia have

become serious menace to the safety of maritime traffic in

Gulf of Aden and Western Arabian Sea and three incidents

involving Indian citizens are part of series of such events.

19

Page 20 Writ Petition (C) No.536 of 2012

Apparent cause is lack of effective Government, as pointed

out in the affidavit filed on behalf of Government of India. It

appears that recently there is some change on account of

which situation might improve. Combating piracy is

imperative for safety of seafarers as well as successful world

trade. The issue is of international concern and as already

noted, it is receiving the attention of Government of India at

highest level. We do hope the Government of India will

continue its efforts for protection of affected citizens.

13.In these circumstances, only direction which can be

issued, at this stage, is that the matter may be periodically

reviewed at the appropriate level and a nodal officer may be

designated who may continue to coordinate and oversee the

efforts on the issue and with whom the families of the victims

can also have interaction for getting information or giving

suggestions.

14.With the above observations and direction, the Writ

Petitions are disposed of.

..........................................................J.

[ T.S. THAKUR ]

...........................................................J.

[ ADARSH KUMAR GOEL ]

New Delhi

September 9, 2014

20