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september 2012

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.

REPUBLIC OF ITALY THR. AMBASSADOR vs UNION OF INDIA . · Niyam