Supreme Court of India · 2012-09-04
REPUBLIC OF ITALY THR. AMBASSADOR vs UNION OF INDIA .
- Citation / case number
- SC 2012/13656
- Court
- Supreme Court of India
- Petitioner
- REPUBLIC OF ITALY THR. AMBASSADOR
- Respondent
- UNION OF INDIA .
- Author
- U D G M E N T ALTAMAS KABIR
- Bench
- J. CHELAMESWAR ALTAMAS KABIR
Judgment text excerpt
The Supreme Court addressed the jurisdictional conflict arising from the shooting incident involving Italian military personnel aboard the M.V. Enrica Lexie, which resulted in the deaths of two Indian fishermen. The Court held that the Indian authorities have jurisdiction to prosecute the accused under Section 302 IPC, as the incident occurred within Indian territorial waters, despite the Italian claim of sovereign immunity under international law. The Court emphasized the principle that the protection of human life is paramount and cannot be overridden by claims of extraterritorial jurisdiction.