These petitions sought directions to the Government of India to intervene and expedite the release of Indian seafarers held hostage by Somalian pirates in international waters, and to frame anti-piracy guidelines. The case of the petitioners was that three merchant vessels had been hijacked on the high seas, and eight crewmembers continued to be detained by the pirates. It was the duty of the Government of India to take necessary steps to secure their release. Representations had been made to the Government authorities, but effective steps had not been taken to secure their release. Piracy is illegal under the UN Convention on the Law of the Sea 1982 (UNCLOS). It is the fundamental duty of Member States to co-operate in preventing incidents of piracy.

The petitioners further argued that the Admiralty Offences (Colonial) Act 1849 provides for prosecution for offences at sea. The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act 2002 (the SUA Act) has been enacted by the Indian Parliament, and contains provisions for dealing with illegal activities which endanger the safety of maritime navigation and the safety of persons and property on the sea. The Union of India has failed to protect the life and liberty of concerned Indian citizens in spite of being approached for the purpose.

Counsel for the Union of India pointed out, among other things, that India is a signatory to UNCLOS, which defines piracy and pirates' acts (art 101). India does not presently have separate legislation on piracy. Therefore, it was decided by the Government to prepare comprehensive domestic legislation on piracy in line with the UNCLOS definition of 'piracy' at the earliest opportunity, to ensure effective prosecution of pirates and to act as a deterrent. For this purpose, the Piracy Bill 2012 was prepared in consultation with the Ministries of Shipping, Defence, Home Affairs, and Law & Justice, and was tabled, with the approval of the Cabinet, in Parliament. The Piracy Bill 2012 was listed in earlier sessions of Parliament but, due to paucity of time, could not be considered. It is likely to be considered in the ongoing session of Parliament, for which the External Affairs Minister has already issued a notice.

Counsel for the petitioners submitted that the 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. 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 the safety of its citizens, and that in the circumstances no direction is called for.

Held: The 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 co-ordinate 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.

This Court is assigned the role of sentinel for the protection of the rights of citizens, and steps in, in the exercise of its power of judicial review, for the protection of the fundamental rights of 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 co-ordination with international agencies and bodies for securing the release of Indian citizens who are held hostage abroad, when it is shown that the departments of the Government have not only taken cognisance of the problem but have also taken, in right earnest, whatever steps could be possible. The issue of co-ordination 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 an 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 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.

Combating piracy is imperative for the safety of seafarers as well as for 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 the protection of affected citizens.