The Bombay High Court on Tuesday ordered the release of 50 crew members who had been stranded aboard three vessels off the Mumbai coast since February 5, emphasizing that human life takes precedence over commercial interests.
Court's Strong Remarks
A division bench of Justices Ravindra Ghuge and Hiten Venegavkar stated, "We will not keep them on the vessels. It is against the tenets of the writ of habeas corpus. We cannot compel them to go back." The court was hearing a petition filed by seven crew members seeking their immediate sign-off and disembarkation at Mumbai.
The crew members were produced before the court following the High Court's direction on Monday. They had reported depleting stocks of food and potable water, which prompted the court to intervene.
Background of the Case
The motor tankers Asphalt Star, Stellar Ruby, and Al Jafzia were intercepted by the Indian Coast Guard and later placed under arrest by the Yellow Gate police over allegations of illegal fuel oil and bitumen transfers. Since then, the crew had been stranded on the vessels.
Senior advocate Cyrus Ardeshir, representing the owners Balboa Shipping Inc, Royal Princess Inc, and Star Management, assured the court that the owners would provide food, water, and all necessary assistance. He requested ten days to arrange crew replacements, arguing that leaving the vessels unmanned would be hazardous from every angle.
Maritime Concerns
When the judges inquired whether the vessels, currently 11 nautical miles from Mumbai, could be brought into the inner anchorage of Mumbai port, Indian Coast Guard advocate Jitendra Mishra stated that the vessels were already causing maritime traffic congestion. Ardeshir noted that the owners had pending petitions for the release of the vessels.
The judges expressed dissatisfaction with the owners' response, stating that had the petition not been filed, the owners would not have taken any action. "You needed the High Court to shake you…to wake you up," remarked Justice Ghuge.
Crew's Ordeal and Court's Intervention
When the judges asked the crew if any of them wished to return to the vessels, they responded unanimously in Hindi, "Nahin jaana" (We do not want to go). The court observed that the situation was not a "flash in the pan" but had accumulated over time. Justice Ghuge remarked, "You have a crew who you tortured. 300ml of water in 24 hours? It is unconscionable. People drink more water in a desert." Justice Venegavkar added, "You (owners) are asking the court to take them back to illegal detention."
Regarding salary payments, Ardeshir claimed salaries were paid until March, but the crew members told the court they had only received salaries up to December, January, or February. The judges decided not to send the crew back, with Justice Ghuge stating, "The human bodies are before us. We will release them…We will take care of human life. You take care of your commercial interest." He also commented, "You can read their faces. The happiness of breathing clean air. They must be feeling so relieved to be out on land."
Order and Implications
In their order, the judges noted that all crew members are adults and there is no reason to detain them against their will. They directed the completion of formalities for the crew's release and the return of their passports and continuous discharge certificates (CDCs). The court's decision underscores the primacy of human rights over commercial considerations in maritime disputes.
