The Hindu Business Line : Kerala HC orders release of foreign crew

The Kerala High Court has ordered the release of 32 foreign national crew of the foreign fishing vessel except the captain, who were taken into custody by the police following the shipwreck at the submerged reefs in the sea near the Lakshadweep Islands.

In custody

The vessel Isabell III is owned by a Taiwanese company and registered in the Port of Victoria. At the time of the wreck, the vessel was sailing from Oman to Singapore. All the crew members were taken into custody by the Indian Navy and handed over to Kavarati Police. They were in jail since July 15. Of the 33 crew, there were 4 Taiwanese, 12 Filipinos, 12 Chinese, 3 Vietnamese and 2 Indonesians.

The prosecution alleged that the vessel entered the Indian waters on July 13 and ran aground at Suheli Pat, Lagoon Reef of Lakshadweep because of rash and negligent navigation.

They were charged under Section 280 and 336 of the IPC for rash and negligent navigation and also under Section 14 of the Foreigners Act for illegal entry into India without valid visa or permit.

Advocate, Mr V.J. Mathew, dealing with Maritime Law and representing the crew, submitted before the court that the accident of the ship wreck occurred due to heavy monsoon, high sea swells and huge waves and drifting of the vessel to one side, the reasons which were beyond the control of the crew. Moreover, the distressed seamen have the statutory right under the UN convention and Indian Merchant Shipping Act and rules to enter into any nearby state to save their life and property from a wrecked ship, he said.

Accepting the arguments, the Court quashed the case registered against 32 crew, except the master. The court observed that all foreign vessels can have innocent passage through the territorial waters of any State and the entry of all the 32 crew in the islands is also innocent and not deliberate as they were in distress.

The High Court further observed that the Lakshadweep Administrator has a duty to repatriate all the crew in distress under the Merchant Shipping Act. The charge of violation of Section 14 of the Foreigners Act against all crew was found not maintainable by the court.

More Stories on : Shipping | Courts/Legal Issues | Accidents

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