Navigating the Sea-Land Jurisdiction Puzzle: Gujarat Police and the Pakistani Boat

On December 10, the Indian Coast Guard(ICG) apprehended a Pakistani fishing boat along with 11 people on board, including two minors.

Initially, there was confusion over whether the boat had been intercepted in Indian territorial waters or the Exclusive Economic Zone (EEZ).

The detained fishermen were handed over to the Porbandar Police on December 12 and later sent to the Kutch district on December 13 for further investigation. They are currently lodged at the Joint Interrogation Centre (JIC) in Bhuj, Kutch.

The confusion arose due to a miscalculation of the boat’s distance from the shore, which complicated jurisdiction. 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).”

ICG vessels handed over the detained individuals to the Special Operations Group (SOG) of Porbandar Police. An SOG officer said, “A Zero FIR has been registered against all 11 accused, including two juveniles, at Navibandar Police Station, Porbandar, and forwarded to Narayan Sarovar Police Station in Kutch (West) for further action.”

Vikas Sunda, Superintendent of Police, Kutch (West), said a joint interrogation will be conducted first, and further action will depend on its outcome.

Regarding the minors, he said they will be temporarily detained at the JIC, with legal action yet to be decided. Human rights activists have demanded the release and return of the children.

Jurisdiction Clarified

The confusion stemmed from the distinction between Territorial Waters and the EEZ as defined by the United Nations Convention on the Law of the Sea (UNCLOS), 1982. Territorial Waters extend 12 nautical miles from the baseline, while the EEZ stretches up to 200 nautical miles.

India’s applicable laws in such cases include the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, and the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976. Jurisdiction over apprehended vessels ultimately falls under the Coastal Security Wing of Gujarat Police.

SP Subodh Mankar explained, “Initially, it was reported that the boat was 50 nm from Jakhau, which would place it in the EEZ, giving Navibandar Police Station jurisdiction.

However, the exact location was only 1.5 nm from the baseline, placing the vessel in Indian Territorial Waters, under Kutch (West) Police jurisdiction.”

To resolve the issue legally, a Zero FIR was filed at Navibandar and transferred to Narayan Sarovar Police Station in Kutch (West).

Next Steps

The investigation will continue at the JIC in Bhuj, Kutch, where multiple defence and intelligence agencies will interrogate the detainees to determine whether they accidentally crossed the Indian Maritime Boundary Line (IMBL) while fishing or entered Indian waters intentionally.

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