Mumbai: Observing that human life is more important, the Bombay High Court on Tuesday directed the release of 50 crew members who were stranded aboard three vessels off Mumbai coast since Feb 5.Motor tankers Asphalt Star, Stellar Ruby and Al Jafzia were intercepted by the Indian Coast Guard and later placed under arrest by Yellow Gate police over alleged illegal fuel oil and bitumen transfers.“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,” said Justices Ravindra Ghuge and Hiten Venegavkar.They allowed the petition by 7 crew members to produce them and allow their immediate sign-off and disembarkation at Mumbai. HC was told their stock of food and potable water was depleting. Following HC’s direction on Monday, 50 crew members were produced in court.Senior advocate Cyrus Ardeshir, for the owners Balboa Shipping Inc, Royal Princess Inc and Star Management, said they will provide food, water and all assistance. He urged 10 days time for crew replacement. Referring to the owners’ pending petitions for release of the vessels, Ardeshir said the vessels cannot be unmanned as “it will be hazardous from every angle.” To the judges’ query, whether the vessels, currently 11 nautical miles from Mumbai, can be brought into the inner anchorage of Mumbai port, ICG’s advocate Jitendra Mishra said it is already causing maritime traffic congestion. Ardeshir said vessels will have no one on board, the judges asked to take it up in the other petition.The judges said had the petition not been filed the owners “would have not moved a bit.” “You needed the High Court to shake you…to wake you up,” said Justice Ghuge. The judges enquired with the crew if anyone desired to go back on the vessels. To Justice Ghuge query, “Kisko vessel pe vapas jaana hain?,” they replied in unison, “Nahin jaana.” The judges said it was “not a flash in the pan” incident but “accumulated over a period of time.” “You have a crew who you tortured. 300ml of water in 24 hours? It is unconscionable. People drink more water in a desert,” said Justice Ghuge. Justice Venegavkar added, “You (owners) are asking the court to take them back to illegal detention.”While Ardeshir said salaries were paid till March, petitioners’ advocates Rakesh Tiwari and Padmavati Vaishya said it was not true. Crew members told HC they received salaries till Dec, Jan and Feb. The judges said they are not sending the crew back. “The human bodies are before us. We will release them…We will take care of human life. You take care of your commercial interest,” said Justice Ghuge. He also said, “You can read their faces. The happiness of breathing clean air. They must be feeling so relieved to be out on land.”In the order, the judges said, “Since all are adults, we have no reason to detain any of them under any compulsion as may be voiced by the owner of the vessels keeping in view that they claim to have suffered worse than starvation while on the vessels.” They directed completion of formalities for the crew’s release and for return of their passports and CDCs (continuous discharge certificate).
