LAWS(SC)-2008-9-192

SABEEHA FAIKAGE Vs. UNION OF INDIA

Decided On September 24, 2008
SABEEHA FAIKAGE AND OTHERS Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) In The Context Of A Marine Casualty Incident Involving Disappearance Of A Tug Jupiter 6, The Members Of The Families Of Some Of The Missing Indian Crew Of That Tug Have Filed This Petition Under Article 32 Of The Constitution Of India. Some Of The Prayers In The Petition Relate To The Crew Members Of The Tug In Question, And The Others Relate To The General Responsibility Of The Indian Government In Regard To Such Incidents.

(2.) On 10-11-20061, We Had Issued Notice To Ascertain The Extent Of Participation Of The Indian Government In The Marine Casualty Investigation Of The Said Tug And Generally The Steps That Can Be Taken In That Behalf. After Considering The Material Placed In Pursuance Of The Orders Of The Court And The Serious Questions Involved Relating To Large Number Of Indian Seamen Working In Foreign Vessels, We Are Of The View That The Scope Of Enquiry In The Writ Petition Requires To Be Broadened.

(3.) Whenever A Marine Casualty Takes Place, Generally Three Governments Are Involved In The Investigation, That Is, The Flag State (Country In Which The Ship Is Registered), The Substantially Interested States (The Country To Which The Crew Belong) And The Coastal State (If The Incident Occurred In The Coastal Waters). The United Nations Convention On The Law Of The Seas Ratified By The Indian Government And The Code For The Investigation Of Marine Casualties And Incidents (Imo Assembly Resolution A.849) Adopted By The Indian Government Are Relevant In This Behalf. These Disclose Certain Obligations On The Part Of The Indian Government As A Substantially Interested State When Crew Members Belonging To India Are Involved In The Marine Casualty Incident. The Grievance And Complaint Made In This Petition Is That If The Indian Government And The Managers Of The Tug (Respondents 4 And 5) Had Acted With Necessary Care And Expedition, In All Probability The Lives Of The Crew Members Of The Tug Could Have Been Saved. While The International Conventions And The Codes Adopted By The Indian Government Are Broad Enough To Cover All Contingencies, It Is Submitted That There Is Total Non-Compliance With The Requirements Of Those Conventions/Codes By The Indian Government.