The Madurai Bench of Madras High Court (HC) has directed the State ‘Q’ Branch police to file a counter to a bail petition filed by the incarcerated crew of detained US Vessel ‘M V Seaman Guard Ohio.’
The vessel was detained, along with 35- crew members by Indian maritime forces for straying into Indian territorial waters with arms and ammunitions on October 12, last. Tamilnadu Q branch police, which was entrusted to probe the case, arrested the crew on October 18 for unlawful ingression into Indian waters and procuring fuel illegally from local fishermen. The arrested crew includes British, Ukrainian, Estonian and Indian nationals.
The vessel belongs to ‘AdvanFort’ a US based-company that provides maritime security for cargo and merchant ships from Somalian pirates. Indian security agencies seized 35 sophisticated rifles and 5,680 rounds of ammunition from the vessel.
The captain of the vessel Dudinik Valentyn, part of the 35 member crew filed a petition in the HC Bench alleging that the anti-piracy vessel was lured into Tuticorin port by treachery on October 12. The vessel was not involved in any activity prejudicial to the safety and security of the court’ and based on the Doctrine of Innocent Passage as envisaged in Section 3 of the United Nations Convention on the Law of the Sea, 1982, no charge could be leveled against the crew, the counsel who appeared on behalf of the crew, contended.
He also stated that the petitioners continued to launguish in judicial custody for more than 40 days without any justification.
When the petition came up for hearing last evening, Justice M.Sathyanarayanan directed the Q’ Branch Police, Tuticorin to file a counter to the bail petition of the crew and posted the case to December 9 for further hearing.
