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The Deputy Chairman of the Cochin Port Trust is a much relieved person today. A nearly 20-year long litigation has ended in his favour. He was charged with negligence of duty and gross incompetence when, as in August 1986, cargo ship m.v. Emaco (Panama registered and Singapore owned), which was he was commanding, sank in the Bay of Bengal in a cyclonic weather causing the death of 17 of a total of 28 crew. The legal process began in the Metropolitan Magistrate Court of Che nnai in July 1988, went to the Madras High Court in June 1989 and further to Supreme Court in February 1991 particularly on the applicability of the Merchant Shipping Act to a shipping casualty that occurred beyond the territorial waters of India. The apex court set aside the judgment of the High Court and quashed the proceeding with the observation that it shall still be open for the Union Government to act under Section 363 of the Merchant Shipping Act if it so decides. The Shipping Ministry pursued the matter with a complaint before the Magistrate Court, Chennai, that acquitted the Captain and dismissed the proceedings against him by the Ministry.

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