Madras HC bench posts final hearing on June 1

Madurai: The Madurai Bench of Madras High Court on Monday dismissed the plea of crew members, including security guards, of the US anti-piracy vessel MV Seaman Guard Ohio for suspension of jail sentence of 5-year RI passed against them.

The Principal Session Court, Thoothukudi convicted 35 members including six British, 14 Estonian, three Ukrainian and 12 Indians under Indian Arms Act, 1959.

With the bench dismissing their plea, the foreign nationals can’t leave the country. However, Justice V S Ravi posted the criminal appeal petition for final hearing on June 1.

As the court has to examine various aspects in this case, it can’t suspend the sentence passed by the local court, the judge said. He also directed the registrar of the court to take necessary steps for final hearing of the case on June 1.

In the criminal appeal filed before the Bench, the petitioners claim the lower court failed to consider the fact that the 25 security guards of the vessel are ex-servicemen and failed to examine their antecedents and services in the vessel to prevent piracy.

Instead, the court had equated them with pirates and considered them as a threat to Indian security, the petitioners contended.

The lower court also grossly erred in holding that those accused who are foreigners have violated the provisions of the Indian Arms Act. The petition claimed there was no necessity for security guards on board a seagoing vessel to comply with the arms act because the arms and ammunition in the foreign ship are not licenced under the act.

The lower court also failed to note the right of innocent passage available to the vessel in the light of the provisions of UNCLOS along with Indian Marine laws. Right to innocent passage is under international convention and India is also a signatory, claimed the petitioners.

In the previous hearings in the bench, the Q-branch police also filed their counter to the petition. In their report, the police also submitted that the entry of the ship was a threat to internal security.

It is worth recalling that the Indian Coast Guard had intercepted U.S anti-piracy vessel MV Seaman Guard Ohio which entered Indian waters on Oct 12, 2013 and escorted it to V.O Chidambaranar Port in Thoothukudi.