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⇱ HC: We care for humans, not dead vessels…  present stranded crew of 3 vessels in court  | Legal News - The Indian Express


The Bombay High Court on Monday expressed concern over the safety of 50 crew members stranded on three vessels in the Arabian Sea and asked authorities to ensure all of them appear before it on Tuesday.

The crew members claimed they were stranded on the vessels intercepted in February by the Indian Coast Guard (ICG), even as the owners have “practically abandoned the ships”, which are under arrest by the Yellow Gate police over alleged illegal acts in the Arabian Sea, at a distance of 11 nautical miles from Mumbai. None of the crew members, all Indian citizens, are named accused in the case.

A division bench of Justices Ravindra V Ghuge and Hiten S Venegavkar was hearing a habeas corpus plea by some of the crew members, represented through Maharashtra Navnirman Navin Sena Union of three motor tankers named MT Asphalt Star, MT Stellar

Ruby, and MT Al Jafzia, placed under arrest for illegal fuel oil and bitumen transfers.

The plea claimed 50 crew members were stranded inside the vessels since February 9 and the owners had abandoned the ships as well as deserted the crew in the Arabian Sea.

Advocate Padmavati Vaishya for the petitioners had claimed the crew members had limited access to food and potable water and the available stock was depleting. The HC had then asked state to provide necessary arrangements and recover costs from vessels’ owners. It also asked ICG to continue routine medical examination and treatment for them.

On April 29, HC had observed owners had “practically abandoned the vessels” despite it had ordered valuation and two of the three were “unseaworthy”. It then directed the Director General of Shipping to carry out valuation. In case of non-appearance before the court on May 4, the bench had warned owners of passing orders for moving the vessels to the Alang Ship Breaking Yard at their cost, after releasing the crew members.

On Monday, the HC was told the owners had sought humanitarian assistance from the authorities for crew members and release of the vessels.

“We want all those persons (entire crew) who are on the ship to be brought before us. There cannot be a problem when it comes to habeas corpus. They are now practically eating rotis and pickles and taking water from the sea as complained to us,” Justice Ghuge orally remarked.

When one of the owners apprehended the vessels remaining unmanned, the judge said, “Let it be unmanned. If you don’t care for human life, let the dead vessel remain unmanned… You are giving 300 millilitres of water to drink in a day. You are behaving inhumanely. Let them be unmanned. We don’t care. We will care for the petitioners. So much is going on for vessels. What about concerns for humans? Human life comes once; your vessels will be in plenty.”

Seeking the crew members’ presence on Tuesday, May 5, the HC told the owners, “We will charge you with culpable homicide if anyone suffers anything. And if you find that your behaviour is gross, it will amount to murder. Tomorrow all of you are going to face the music.”