The Missing Indian Seaman Case came before the Supreme Court after Deepak Kumar Gupta disappeared following an attack on the cargo ship MV AGN Ragnar. The vessel was targeted in the Black Sea near Ukraine. Gupta was one of the Indian seafarers on board.
The bench comprised Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana. Solicitor General Tushar Mehta appeared for the Union of India.
The petitioner’s counsel argued that Indian authorities had failed to take necessary investigative steps. Counsel also sought to submit documents challenging the Union’s position.
One document referred to remarks by the Indian Ambassador in Romania. The remarks stated that active search and rescue operations had ended after July 26.
Chief Justice Surya Kant questioned the practicality of the request. He asked, “You want us to send Delhi police to Romania and Ukraine to investigate?”
Court Questions Extraterritorial Powers
Justice Joymalya Bagchi questioned whether Indian authorities could investigate an attack carried out by a foreign sovereign outside India.
He asked the petitioner’s counsel to identify a statutory provision allowing such an investigation. The court also examined whether any international treaty created an obligation on India.
Chief Justice Surya Kant asked, “Where is the international obligation? Under what Treaty?”
Justice Bagchi also noted complications under public international law. These concerns included the absence of a formal declaration of war between the countries involved.
Court Examines Search Operations
The Solicitor General clarified the statement made by the Indian Ambassador. He said it only referred to the end of active maritime search operations after a certain period.
Justice Bagchi said the action taken by the authorities appeared reasonable. He observed that rescue operations become difficult after several days.
The court noted that continuing such operations beyond a week or ten days may have limited practical value. This could be different when the objective involves recovering a vessel rather than saving lives.
Focus Shifts to Compensation
The court then turned its attention toward practical relief for the petitioner. Justice Bagchi suggested that government authorities help the family seek compensation from the vessel’s operating company.
Such assistance could help the family obtain a presumed death certificate. The document may be necessary for processing insurance claims.
The petitioner’s counsel also referred to the number of casualties and the conditions under which seafarers were deployed. Counsel sought permission to place additional documents before the court.
The Supreme Court tentatively scheduled the matter for September 22.
Background of the Case
The Missing Indian Seaman Case relates to an incident on July 25. The vessel was carrying nine crew members, including four Indian nationals.
The Indian Embassy in Ukraine confirmed that two Indian nationals were safe. Search efforts continued for the remaining two missing seafarers.
On August 3, the Supreme Court entertained the petition and issued notice. It also directed Solicitor General Tushar Mehta to obtain updates from Indian diplomatic missions in Ukraine and Romania.
The court further directed that information be obtained through the Ministry of External Affairs.
On August 7, the Union informed the court about the search operations. Ukrainian authorities and Romanian maritime agencies had conducted extensive searches.
The Romanian Maritime Rescue Coordination Centre, Romanian Coast Guard, and other agencies also participated. However, the two missing seamen could not be located.
Taking the updates on record, the Supreme Court directed the Centre to provide full assistance to the affected families with their insurance claims.
