Madurai: The 35 crew members, including security guards of the US anti-piracy vessel, on Monday filed a criminal appeal against the judgment of the principal sessions court, Thoothukudi which recently sentenced them to undergo 5-year rigorous imprisonment for illegally entering Indian waters with arms and ammunition.
The court had convicted them under the provisions of the Indian Arms Act, 1959.
The 35 members including six British, 14 Estonian, three Ukrainian and 12 Indians requested the court to call for the records of the judgment and set aide the convictions.
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.
The Q-branch police who investigated the case, in their report submitted to the court said the entry of the ship was threat to internal security. In the criminal appeal, the petitioners claim that the lower court failed to consider the fact that the 25 security guards of the vessel are ex-service men and failed to examine their antecedents and services in the vessel MV Seaman Guard to prevent piracy. Instead the court had equated them with pirates and considered them a threat to Indian security.
The lower court also grossly erred in holding that the accused, who are foreigners, have violated the provisions of the Indian Arms Act.
The petition claimed that there was no necessity for the security guards on board a sea-going vessel to comply with the Act because the arms and ammunition in the foreign ship are not licenced under the Act.
