ON DECEMBER 10, the Indian Coast Guard (ICG) apprehended a Pakistani fishing boat and 11 persons aboard it, including two minors. After initial confusion on whether they had been caught in Indian territorial waters or Exclusive Economic Zone (EEZ), the detained fishermen were first handed over to the Porbandar district Police on December 12, and on December 13, were sent to Kutch district where an investigation will take place. They will be detained at the Joint Interrogation Centre (JIC) in Bhuj, Kutch.
But why the confusion? Why were the fishermen detained by the ICG, handed over to the police in one district, lodged in another while the investigation is to be conducted elsewhere? The miscalculation was of the distance at sea from shore, which in turn complicated the issue of jurisdiction of the investigation on land.
Around noon on December 10, the ICG posted on X, “In a swift operation, the Indian Coast Guard apprehended a Pakistani fishing boat with 11 crew inside the Indian Exclusive Economic Zone (EEZ).”
On December 12, ICG vessels reached land at Porbandar and handed over the detained persons to the Special Operations Group (SOG) of the Porbandar Police. An SOG officer said on Saturday, “The ICG has apprehended a Pakistani boat fishing near Jakhau in Indian waters, which contained a total of 11 accused, including two juveniles. A Zero FIR has been registered against all of them today at Navibandar Police Station, Porbandar, and the same has been forwarded to Narayan Sarovar Police Station in Kutch (West), for further action.”
On December 12, ICG vessels reached land at Porbandar and handed over the detained persons to the Special Operations Group (SOG) of the Porbandar Police. (Express Photo)
Vikas Sunda, Superintendent of Police, Kutch (West), told The Indian Express, “First, a joint interrogation will be carried out and depending on the outcome, further action will be taken.” When asked if offences would be registered against the minors, the SP said they would temporarily be detained at the JIC but further legal action against them was yet to be decided on. Human rights activists have been demanding the release and return of the two children.
How the jurisdiction issue was resolved
The difference between Territorial Waters and Exclusive Economic Zone is defined by the United Nations Convention of the Law of the Sea (UNCLOS)of 1982. It defines a nation’s Territorial Waters as full sovereignty within 12 nautical miles of the baseline (low water mark) on the coast. Meanwhile, the EEZ stretches to 200 nm with sovereign economic rights.
India has two major laws that are applicable in this case. These are the Maritime Zones of India (regulation of fishing by foreign vessels) Act, 1981, which is read with the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zone Act, 1976.
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Ultimate jurisdiction of those caught at sea, fall under the Coastal Security Wing of Gujarat Police. Speaking to The Indian Express, SP Subodh Mankar said, “The initial confusion was where the crime took place, where exactly the boat was captured. Initially, it was reported as ’50 nautical miles’ from Jakhau, Kutch, which would be the EEZ. Now, the law says if something happens in the EEZ, Navibandar police station in Porbandar has jurisdiction to file an FIR.”
Ultimate jurisdiction of those caught at sea, fall under the Coastal Security Wing of Gujarat Police. (Express Photo)
“However, the ‘problem’ was that even though the exact location at sea was 50 nm from Jakhau, it was only 1.5 nm from the baseline notified by the Government of India. This would place the Pakistani boat squarely in Indian Territorial Waters, which extends up to 12 nm. And the jurisdiction would then fall to Kutch (West) Police.
By the time police worked this out, the ICG had handed over the Pakistan nationals to Porbandar Police.
Then, the police did a workaround to lawfully rectify the jurisdictional problem. SP Mankar said, “We filed a Zero FIR at Navibandar in Porbandar and transferred it to Narayan Sarovar police station in Kutch (West), which is the correct jurisdiction for this investigation.”
What next?
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On December 13, the Pakistan nationals and the Zero FIR filed in Porbandar were both transferred to Narayan Sarovar police station in Kutch (West).
The subsequent investigation will take place at the Joint Interrogation Centre (JIC) in Bhuj, Kutch, where multiple defence and intelligence agencies will interrogate them to determine whether they were just fishing and had inadvertently crossed the Indian Maritime Boundary Line (IMBL) or are infiltrators who entered Indian territory on purpose for some reason.
On December 12, ICG vessels reached land at Porbandar and handed over the detained persons to the Special Operations Group (SOG) of the Porbandar Police. (Express Photo)
Ultimate jurisdiction of those caught at sea, fall under the Coastal Security Wing of Gujarat Police. (Express Photo)
