GAURAV KUMAR BANSAL versus UNION OF INDIA & ORS.

Citation: [2014] 7 S.C.R. 725 · Decided: 09-09-2014 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2014] 7 S.C.R. 725 
GAURAV KUMAR BANSAL 
v. 
UNION OF INDIA & ORS. 
(Writ Petiton (Civil) No. 536 of 2012) 
SEPTEMBER 09, 2014 
[T.S. THAKUR AND ADARSH KUMAR GOEL, JJ.] 
Constitution of India, 1950 - Art. 32 - Writ petition under 
A 
B 
- Seeking directions to the Government of India to intervene 
and expedite release of Indian seamen held hostages by the 
C 
Somalian Pirates in the international waters and to frame anti 
piracy guidelines - Held: Pirates operating from Somalia is 
serious menace to the safety of maritime traffic - Combating 
piracy is imperative for safety of seafarers as well as 
successful world trade - This Court cannot assume the role 
D 
of the executive to oversee the sensitive issue of co-
ordination with international agencies and bodies, when the 
Government has taken cognizance of the problem as a/so 
taken whatever steps could be possible - Though the State 
has shown concern for its citizens, but an unfortunate situation 
has come about in spite of serious efforts - Hence, direction 
issued to periodically review the matter at the appropriate level 
and appoint Nodal officer to co-ordinate and oversee the 
efforts on the issue - Public interest litigation - International 
Law. 
E 
F 
Disposing of the writ petitions, the Court 
HELD: 1.1 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 G 
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 to oversee the 
sensitive issue of coordination with international 
725 
H 
726 
SUPREME COURT REPORTS 
[2014] 7 S.C.R. 
A 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 
B 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 in spite of serious efforts. 
c 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 
0 has to be dealt with at the level of the executive. [Para 11] 
[741-8-F] 
1.2 The 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 
E involving Indian citizens are part of such events. 
Apparent cause is lack of effective Government. 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 
F world trade. The issue is of international concern and is 
receiving the attention of Government of India at highest 
level. There is a hope the Government will continue its 
efforts for protection of affected citizens. [Para 12] [741-
F-H; 742-A] 
G 
1.3 At this stage, it is directed that 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 
H for getting information. [Para 13] [742-8-C] 
I 
GAURAV KUMAR BANSAL v. UNION OF INDIA 
727 
Charania/ Sahu vs. Union of India 1989 (2) Suppl. SCR 
A 
597:(1990) 1 sec 613 - referred to. 
Case Law Reference: 
1989 (2) Suppl. SCR 597 Referred to 
Para 10 
CIVIL ORIJINAL JURISDICTION : Writ Petition (Civil) No. 
536 of 2012 
Under Article 32 of the Constitution of India. 
WITH 
W.P. (C) No. 26 of 2014. 
Gaurav Kumar Bansal (Petitioner-in-person), Sudhansu 
Palo for the Appellant. 
K. Radhakrishnan, Kiran Bhardwaj, Abhinav Mukherji, 
Mohan Prasad Gupta, Shadman Ali, B. Krishna Prasad, D.S. 
Mahra, P. Venkat Reddy, Guntur Prabhakar, Prerria Singh for 
the Respondents. 
The Judgment of the Court was delivered by 
B 
c 
D 
E 
ADARSH KUMAR GOEL, J. 1. These petitions seek 
directions to the Government of India to intervene and expedite 
release of Ind

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