Kochi: The Kerala High Court has come to the rescue of a sailor stuck in a merchant ship berthed at Vizhinjam sea port without food and amenities. The captain deserted the ship for lack of fuel near the Kerala coast, but the sailor didn’t get the mandatory sign-off that will enable him to get his salary dues and exit papers. Mr T.S. Sreekumar, chief engineer on board MV Brahmekshara, approached the court arguing that he was leading a miserable life on board the said vessel since December 1, 2015.
The court observed that the circumstances showed that the petitioner was innocent and had not indulged in any sort of illegality. “But he is deprived of his life and liberty due to the provisions of the Merchant Shipping Act. Therefore, the deadlock so occurred consequent to the provisions of a statute is to be unlocked with the constitutional key,” the court observed.
A single bench of the High Court said that the authorities should not be mere onlookers in a situation like this and quick action should be taken bearing in mind that the right of an innocent citizen is the forerunner when pitted against technical snags.
The vessel is owned by Mumbai-based Affable Fisheries and the Foreigner Regional Registration Office took a stand that it has no objection to granting sign-off to the petitioner provided the owner of the ship or his authorised agent makes a formal request in this regard. However, it was found that the owner had abandoned the ship. The vessel was allowed to berth at Vizhinjam sea port on December 1, 2015 on an emergency basis on the ground of acute shortage of fuel, food and fresh water for its crew, while it was on its way from Maldives to Mumbai. Mr Sreekumar also submitted that he was selected by the Public Service Commission as rank No.1 to the post of tug driver in the port department in Thiruvananthapuram district.
