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

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

The State of Kerala had no jurisdiction to investigate or prosecute the incident occurring within the Contiguous Zone; jurisdiction rests with the Union of India. The Union of India is entitled to take cognizance, investigate, and try the accused under Indian law, subject to provisions of UNCLOS. A Special Court...

Source-derived case information.

Parties
Petitioner: Republic of Italy; Respondent: Union of India
Jurisdiction
India
Judgment Date
18 January 2013
Procedural Posture
Writ Petition (civil) and Special Leave Petition / Final Disposition
Outcome
Writ Petition and Special Leave Petition disposed of. Kerala police proceedings quashed for lack of jurisdiction.
Legal Topics
Jurisdiction, Sovereign Immunity, Maritime Law, Law of the Sea, Concurrent Jurisdiction, Extension of Indian Penal Laws, Application of UNCLOS, Inter Governmental Cooperation
International Law Criminal Law Constitutional Law Jurisdiction Sovereign Immunity Maritime Law Law of the Sea Concurrent Jurisdiction +3 more

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Parties

Republic of Italy

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) and Special Leave Petition / Final Disposition

Legal Issues

  1. 1 Whether the State of Kerala had jurisdiction to investigate, arrest, and prosecute Italian marines for an incident occurring in the Contiguous Zone
  2. 2 Whether Indian law can be extended to offences committed in maritime zones beyond territorial waters
  3. 3 Whether the incident was an 'incident of navigation' under Article 97 of UNCLOS, attracting exclusive jurisdiction of Italy

Ratio Decidendi

The State of Kerala had no jurisdiction to investigate or prosecute the incident occurring within the Contiguous Zone; jurisdiction rests with the Union of India. The Union of India is entitled to take cognizance, investigate, and try the accused under Indian law, subject to provisions of UNCLOS. A Special Court must be constituted to try the case. If evidence supports application of Article 100 of UNCLOS and concurrent jurisdiction, the directions passed will continue.

Court Disposition

Writ Petition and Special Leave Petition disposed of. Kerala police proceedings quashed for lack of jurisdiction.

Orders

  • Union of India directed to set up a Special Court in consultation with Chief Justice of India to try the case.
  • Pending proceedings before Chief Judicial Magistrate transferred to Special Court.