Appoint nodal officer to coordinate seamen's release: SC to Centre

The Supreme Court has asked the central government to appoint a nodal officer to coordinate and bring back the Indian seamen held hostage by Somali pirates with whom the families of the hostages could also communicate for updates.

The apex court bench of Justice T.S. Thakur and Justice Adarsh Kumar Goel Tuesday said it could not assume the role of the executive to oversee the sensitive issue having international dimensions.

"... 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 can also have interaction for getting information or giving suggestions," the court said.

Disposing of a petition by advocate Gaurav Kumar Bansal, the court said: "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 efforts."

Petitioner Bansal had sought directions to the government to forthwith intervene and expedite the process of release of the seamen held hostage by Somali pirates.

The court said it does appear that the pirates operating from Somalia have become a serious menace to the safety of maritime traffic in the Gulf of Aden and Western Arabian Sea and three incidents involving Indian citizens are part of series of such events.

Justice Goel said: "Apparent cause is lack of effective government (in Somalia), as pointed out in the affidavit filed on behalf of the government of India. It appears that recently there is some change on account of which the situation might improve (in Somalia)."

"Combating piracy is imperative for the safety of seafarers as well as successful world trade."

"The issue is of international concern and as already noted, it is receiving the attention of the government of India at the highest level," Justice Goel said.

"We do hope the government of India will continue its efforts for protection of affected citizens."

Pointing to the demarcation of the role of the judiciary, the court said it was assigned the role of stepping in if the State fails to protect the fundamental rights of the citizens but it "cannot assume the role of the executive to oversee the sensitive issue of coordination with international agencies and bodies for securing the release of Indian citizens who are held hostages abroad".

The court said the government has not only taken "cognizance of the problem but also taken, in right earnest, whatever steps could be possible".

The judgment said the issue of coordination at the international level with foreign countries and international bodies has to be left to the wisdom of experts in the government.