T.S.THAKUR, ADARSH KUMAR GOEL
GAURAV KUMAR BANSAL – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT
Adarsh Kumar Goel, J.
1. These petitions seek directions to the Government of India to intervene and expedite release of Indian Seamen held hostages by the Somalian Pirates in the international waters on 29th March, 2010, 2nd March, 2012 and 10th May, 2012 and to frame anti-piracy guidelines. Writ Petition (C) No. 536/2012 described as PIL, is claimed to be by way of legal aid to the captivated seamen at the instance of relatives of the victims, while Writ Petition (C) No. 26/2014, also described as PIL, has been filed by the wife of one of the captivated seamen. Thus, though described as PIL, both the petitions seek enforcement of rights of individual seamen who are held hostages at high sea.
2. Case of the petitioner is that three merchant vessels have been hijacked in the high sea and out of the crew members held captive by the pirates, eight persons continued to be detained by them. It is the duty of the Government of India to take necessary steps to secure their release. Representations have been made to the Government authorities, but effective steps have not been taken to secure their release. Piracy is illegal as per UN Conventions on the Law of the Sea (UNCLOS). I
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