Justice P N Prakash, making it clear that they could not be tried under the stringent Arms Act, said on Thursday: "I hold that the anchoring of MV Seaman Guard Ohio within our territorial sea was out of necessity and their action is saved by the principle of 'innocent passage' contemplated by Section 4(1) of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zone Act, 1976 and Article 18 and 19 of UNCLOS. Therefore, the crew and the security guards cannot be prosecuted for an offence under the Arms Act."
The vessel, flying the Sierra Leone flag, was taken to the Tuticorin port on October, 12, 2013. As the crew members were heavily armed, various investigating agencies were alerted. A joint interrogation team was constituted for interrogating the captain and the crew of the ship.
The team comprised officials from Indian Coast Guard, Customs, Intelligence Bureau, superintendent of police, Tuticorin, Q -Branch (a special unit of the state police which deals with terrorists and extremists), Directorate of Revenue Intelligence and Marine Police.
On October 16, 2013, Q -Branch sleuths seized 35 firearms, 5,682 ammunition and 102 magazines kept in the vessel without any document for such possession. On October 18, 2013, a total of 35 crew members were arrested, while the ship's captain and another person were allowed to be in the vessel for its maintenance. The next day, the two were also arrested.
Justice Prakash, quashing the charges, said: "The ship had made a distress entry into our waters in search of food and fuel. It anchored at the outer port limit of Tuticorin port and was waiting for supplies. When the Coast Guard questioned them, they admitted straight away that there were arms and ammunitions on board the ship. The ship was brought into the Tuticorin port for further investigation by the Indian Coast Guard. After having brought them to our port for investigation, they cannot be prosecuted for violation of the notification."
According to the prosecution, the ship had 11 crew members of whom eight were Indians and it had 24 security guards, of whom four were Indians with permanent addresses and Indian passports, the judge said.
"It is not the prosecution case that these people are pirates or they are working for a nation that is inimical to India. All these people are Indian passport holders who have joined the first accused company as security guards. Therefore, I have no doubt in my mind that MV Seaman Guard Ohio is a ship registered in Sierra Leone and is into anti-piracy business.
The judge pointed out that one Selvam carried 20kg of mutton, 60kg of fish and 200 chicken, vegetables and fruit juices to the ship, but he had to return as he could not locate the ship in the sea. For this aborted attempt, he was charged with conspiracy for keeping prohibited arms.
"It is indeed startling and undoubtedly pricks my judicial conscience," Justice Prakash said. Similarly, Ranjithkumar, who had given his email ID, and Murugesh, who had permitted his employer Mariya Anton to use his HDFC Bank account for getting money, had been made to face conspiracy charges as if there was a grandeur conspiracy between these local fisher folks and those on board the ship for possession of firearms, he said, adding, "it is indeed too harsh."
Pointing out that the vessel is a registered entity, Justice Prakash said the Centre has recognised the fact that there are private maritime security companies that provide security for merchant vessels while they traverse through pirate infested locations.
http://timesofindia.indiatimes.com/followceleb.cms?alias=US Ship,MV Seaman Guard Ohio,Madras High Court,floating armory,conspiracy heory
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