Paragraph numbers below are the court’s original numbering, recovered from the source text.
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 Punt/and Maritime Police Force {hereinafter referred to as the "PMPF'J 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 c 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 ~19, 2013. The two ships reached Sala/ah port in Oman on March 13 and March 14, 2013 respectively.
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 Sala/ah by officials from our Embassy and were extended all assistance. Their travel to India was facilitated by our Mission. 11 crew members of MT Smymi 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 (h'ereinafter referred to as the "MEA 'J, 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. GAURAV KUMAR BANSAL v. UNION OF INDIA [ADARSH KUMAR GOEL, J.]
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'J 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 c respect to apprehended pirates. It is further submitted that India chaired the CGPCS from September, 2012 to December, 2012 including the 13th Plenary Session held in New York on 11.12.2012. The Communique adopted by the CGPCS, inter-alia, highlighted the need for greater 0 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'J 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 G 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 c 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- m in is teri a I 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 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." GAURAV KUMAR BANSAL v. UNION OF INDIA [ADARSH KUMAR GOEL, J.] 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 c of its citizens as parent particularly when citizens are not in a position to prot~ct 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 Charania/ Sahu vs. Union of lndia1 observed as under:- "35 ……. Thus the position is that according to Indian · -c-oncept 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 Monda/ 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. 1. (1990) 1 sec 613. c [2014) 7 S.C.R. 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 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 cJnd 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 GAURAV KUMAR BANSAL v. UNION OF INDIA [ADARSH KUMAR GOEL, J.] some rights and privileges of the individual victims or A 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 \ime, this Court cannot assume the role of the executive to oversee the sensitive issue of coordination with international agencies and bodies for securing release of Indian citizens who · C 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 internation~I 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 effc;>rts. 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. · 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 A 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 C can also have inleJaction for getting information or giving suggestions. 14. With the above observations and direction, the Writ Petitions are disposed of. D Nidhi Jain Writ Petitions disposed of.