REPUBLIC OF ITALY AND ORS. versus UNION OF INDIA AND ORS.

Citation: [2013] 4 S.C.R. 595 · Decided: 18-01-2013 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Disposed off
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Judgment (excerpt)

(2013] 4 S.C.R. 595 
REPUBLIC OF ITALY AND ORS. 
v. 
UNION OF INDIA AND ORS. 
(Writ Petition (C) No. 135 of 2012 etc.) 
JANUARY 18, 2013 
[ALTAMAS KABIR, CJI AND J. CHELAMESWAR, JJ.] 
International Law: 
A 
B 
. Incident of firing at a distance of about 20. 5 nautical miles c 
from the Indian sea-coast of the State of Kera/a - 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. 302134 /PC lodged in 
the State of Kera/a - State Police investigated the matter and 
D 
arrested the accused - Writ Petition u/Art. 226 of the 
Constitution by the accused challenging the jurisdiction of 
State of Kera/a 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 
E 
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 
F 
reliefs - As the writ petition u/Art. 226 was dismissed, SLP also 
filed - HELD: Action by State o' Kera/a 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 
G 
had already initiated criminal proceedings against the 
accused, State of Kera/a 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 
595 
H 
596 
SUPREME COURT REPORTS 
[2013] 4 S.C.R. 
A 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 c;annot be said 
to be an ''incident of navigation" within the meaning of Art. 97 
of UNCLOS - By virtue of extention of the provisions of /PC 
B and Cr.P. C. to contiguous zone, Union of India is 1mtitled 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 
c UNCLOS whereupon the question of jurisdiction to investigate 
into the incident and for the courts in India to try the accused 
would be considered - /ffound that both the countrie1s i.e. India 
as well as Italy have concurrent jurisdiction over the matter, 
the directions passed in this judgment will continue - Penal 
0 
Code, 1860 - ss. 302, 307, 427 r/w s.34 - Suppression of 
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 
97and 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. 
P'etitioner Nos. 2 and 3 and four other officers of 
F naval staff of Republic of Italy were deployed in the board 
of merchant ship which was flying the Italian Flag. The 
deployment was pursuant to a Government decree of 
Republic of Italy, which was enacted to protect the Italian 
ships from piracy in international seas. At a distance of 
G about 20.5 nautical miles from the Indian Sea-Coast, off 
the State of Kerala, the Italian ships mistook an Indian 
Fishing Vessel to be a pirate vessel and opened fire on 
it. Two persons of the Indian Fishing Vessel were killed 
on account of the firing. FIR was lodged uls. 302134 IPC 
H at the Police Station in the State of Kerala. 
REPUBLIC OF ITALY AND ORS. v. UNION OF INDIA 597 
AND ORS. 
The Republic of Italy filed a writ petition challenging 
A 
the jurisdiction of the State of Kera la and that of the State 
Police to register the FIR and to conduct investigation 
and to arrest them. They prayed for quashing the FIR as 
being without jurisdiction, contrary to law, null and void. 
The High Court reserved the judgment. In the meantime, 
B 
the petitioners filed Writ Petition before this Court, asking 
for the same
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