British Prime Minister David Cameron recently asked Prime Minister Narendra Modi's help to send back six British sailors who have been in Tamil Nadu for two years.
A Ganesh Nadar/Rediff.com reports from Tuticorin on this unusual case.
On October 12, 2013, an American ship, the MV Seaman Guard Ohio was detained by the Indian Coast Guard off Tuticorin in Tamil Nadu.
The ship was found to be carrying 31 assault rifles and 5,000 rounds of ammunition. There were 25 security guards on board the ship along with 10 support staff.
The crew -- which included six British nationals, 14 Estonians, one Ukranian and Indians -- were arrested by the Tamil Nadu police's 'Q' branch, which handles intelligence cases.
Two cases were filed against the crew: One under the Arms Act for carrying weapons in Indian territory without a license and the other under the Essential Commodities Act for buying 1,500 litres of diesel illegally.
The ship is registered in Sierra Leone and belongs to an American company Advanfort, owned by a Palestinian, Dubai-based, businessman named Samir Farajallah.
The Arms Act case was quashed by the Madras high court, but this was challenged by the Tamil Nadu government in the Supreme Court, which ordered a re-trial in the Tuticorin district court.
British Prime Minister David Cameron wrote to Prime Minister Narendra Modi last month, asking for his help to send back the six British sailors who have been in Tamil Nadu for the past two years. They cannot leave India as their passports have been confiscated.
The British sailors are out on bail and their lawyer in Tuticorin, R Subramaniya Aditan, a former district Congress president, spoke to A Ganesh Nadar/Rediff.com about the case.
Where are the Britons now?
They are staying in a hotel nearby. All the sailors are in Tamil Nadu as they cannot leave without their passports.
Where is the MV Seaman Guard Ohio?
The vessel is in Tuticorin port. It will remain there even after this case is over against the sailors. The weapons and ammunition seized will remain here. There is a separate case against the owner of the vessel, who is absconding.
What is your defence?
Sea piracy is a worldwide problem. There are international laws and governments have made their own notifications in this regard. Anti-piracy vessels can be operated by private companies who register themselves under the United Nations Convention of Laws of the Seas. Several countries subscribe to these laws, and that includes India.
Advanfort has three vessels. The MV Seaman Ohio is one of them. The original license to carry arms is with the company. The ships carry copies of the license, which we produced with an undertaking that the originals would be produced later.
The guards were carrying authorised weapons. Cargo ships cannot carry weapons. So these vessels escort cargo ships in piracy-infected areas. It is a utility vessel.
The ship had no fuel or food. It was in distress. It may have drifted into Indian waters. When the Coast Guard questioned the crew, they said, 'We are in distress.'
The ship's agent bought diesel locally. The sailors did not buy the diesel and we are saying that the agent should be charged separately. The sailors had nothing to do with it. The diesel is meant for Indian fishermen and it is sold as a subsidy.
The police charge is that this ship is not entitled to that subsidy and so they have charged us under the Essential Commodities Act.
We are saying we were in international waters. Even if we entered Indian waters, it was by mistake. It was a case of 'innocent passage.'
The high court quashed the charges under the Arms Act under international law. It did not quash the charge under the Essential Commodities Act.
What has the Supreme Court said?
The Supreme Court has ordered a re-trial in the case. It has said the prosecution and defence should present evidence in the case. The case should be finished by January.
What is the next step?
The judge is taking the statements of all the accused in the Tuticorin court. This started on December 3 and continues. After this, the court will decide on a date for final arguments from both sides. Then it will be posted for judgment. The statements of 43 accused are being taken.
Mr Cameron has written to Mr Modi asking for the release of the British sailors involved in this case. Do you think this will have a effect on the case?
No central government agency is involved in this case. It can be only withdrawn by the 'Q' branch of the Tamil Nadu police. The central government can file a review petition in the Supreme Court.
Do you feel your clients are innocent?
They are 100 per cent innocent. The entire case is a misconception.
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