IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(Crl.).No. 350 of 2009(S) ------------------------------------ PETITIONER(S): ------------------------ CHANDRAVATHY.M W/O. B NAGESH CHETTAIR, AGED 50 YEARS ANASHWARA, NEAR AYYAPPA BHAJANA MANDIR, SHASTHANAGAR P.O., RAMDAS NAGAR, KUDLU VILLAGE KASARAGODE DISTRICT. BY ADVS. MR.PHILIP T.VARGHESE MR.THOMAS T.VARGHESE RESPONDENT(S): ------------------------ 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA NEW DELHI. 2. THE MINISTRY OF OVERSEAS INDIAN AFFAIRS GOVERNMENT OF INDIA, AKBAR BHAWAN CHANAKYA PURI NEW DELHI 110021,REPRESENTED BY ITS SECRETARY 3. THE MINISTRY OF SHIPPING ROAD TRANSPORT AND HIGHWAY I, TRANSPORT BHAVAN PARLIAMENT STREET,NEW DELHI 110001, REPRESENTED BY ITS SECRETARY. 4. THE DIRECTOR GENERAL OF SHIPPING MINISTRY OF SHIPPING ROAD TRANSPORT AND HIGHWAY DIRECTORATE GENERAL OF SHIPPING,JAHAZ BHAVAN, W.H.MARG, MUMBAI -400 001. WPCR. NO.350/2009 5. M/S.SIBAMAR SHIP MANAGEMENT PRIVATE LTD 390, HAELOCK ROAD, KINGS CENTRE,SINGAPORE 169662 REPRESENTED BY ITS AGENTS M/S. MARLOW NAVIGATION INDIA PRIVATE LTD, SHREYA HOUSE, III FLOOR, 301/A/PARERA HILL ROAD, ANDHERI KURLA ROAD, MUMBAI 400099,REP BY CAPT.NAZIR UPADHYE. 6. THE CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS OFFICER IN CHARGE, NEW DELHI. 7. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. ADDL. R8 & R9 IMPLEADED 8. SIBA SHIPS ASIA PTE LTD., 8 EU TONG SEW STREET, # 17-89, SINGAPORE 059818. 9. FSL-13 PTE. LTD., I MARINA BOULEVARD # 28, SINGAPORE 018989. ADDL. R8 & R9 ARE IMPLEADED AS PER ORDER DT. 3.11.09 IN IA. NO.13745/09 IN WP(CRL) 350/2009. R1 TO R4 BY ADV. MR.T.P.M.IBRAHIMKHAN ASST, S.G. OF INDIA R5 BY ADVS. MR.V.J.MATHEW, MR.BIJISH B.TOM, MR.VIPIN P.VARGHESE, MR.ALAN EDGAR, SMT.KATHIKA KAIMAL.A. R6 BY MR.M.V.S.NAMBOOTHIRY, SC, C.B.I. R7 BY GOVT. PLEADER SMT.SMITHA SKUMAR R8 BY ADV. MR.BIJESH B.TOM. R9 BY MR.PAUL MATHEW (PERUMPILLIL) THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL) NO.350/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION DTD. 13.7.2009 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 4. P2:- COPY OF THE LETTER DTD. 21.7.09 ISSUED BY THE IST RESPONDENT TO THE CONSULATE AT SINGAPORE. P3:- COPY OF THE LETTER DTD. 24.7.09 ISSUED BY THE 2ND RESPONDENT TO THE HIGH COMMISSION OF INDIA AT SINGAPORE. P4:- COPY OF THE LETTER DTD. 27.7.09 ISSUED BY THE HIGH COMMISSION OF INDIA AT SINGAPORE. P5:- COPY OF THE FINAL REPORT SUBMITTED BY THE 5TH RESPONDENT DTD. NIL. P6:- COPY OF THE MAIL DTD. 30.4.09 7.29 PM SENT BY THE MASTER OF THE SHIP TO THE 5TH RESPONDENT. P7:- COPY OF THE MAIL DTD. 30.4.09 8.21 PM SENT BY THE MASTER OF THE SHIP TO THE 5TH RESPONDENT. P8:- COPY OF THE REPORT PUBLISHED IN THE MATHRUBHUMI DAILY DTD. 4.8.09. P8(a):- COPY OF THE REPORT PUBLISHED IN THE THEJUS DAILY DTD. 10.8.09. P8(b):- COPY OF THE PAPER REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY DTD. 24.7.09. RESPONDENT'S EXHIBITS R5(A):- COPY OF THE DISTRESS MESSAGE SENT BY US COAST GUARD DTD. 30.4.09. R5(B):- COPY OF THE MESSAGE SENT BY US COAST GUARD DTD. 2.5.09. R5(C):- COPY OF THE CREW LIST OF THE VESSEL '' M.V. ELTANIN''. TRUE COPY P.A. TO JUDGE tss Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(Crl.)No.350 of 2009-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of February, 2010. Judgment Thottathil B.Radhakrishnan,J. 1.The petitioner is the mother of a person who was employed in a vessel belonging to the 5th respondent. He was found missing during the course of a voyage. On this allegation, the petitioner has filed this writ petition seeking the issuance of a writ in the nature of habeas corpus. 2.The alleged man-missing is far beyond the territorial waters of India. Obviously, therefore, the question of jurisdiction will stare at the petitioner. Be that as it may, following the earlier deliberations, it appears that the 5th and 8th respondents have certain discussions with the petitioner. As of now, the learned counsel appearing for respondents 5 and 8 submits that the said respondents have even WPCR350/09 -: 2 :- arrived at a tentative benefit that should be offered to the petitioner in terms of the contract of service her son Pradeep Raj N.C. had with the employer. It is also stated that on negotiations, that will be settled and released. We do not find any jurisdiction or necessity to entertain this matter any further as an application for issuance of a writ of habeas corpus. We, therefore, close this matter with a direction to respondents 5 and 8 to conclude the negotiation and pay the settled amount to the petitioner in terms of the service conditions of Pradeep Raj N.C. within one month. The 4th respondent Director General of Shipping would, on appropriate request, consider the question of issuing the certificate of deemed death of Pradeep Raj N.C. at the earliest. Thottathil B.Radhakrishnan,Judge. P.S.Gopinathan,Judge. Sha/2502