As per information available on the website of IMO, armed pirates hijacked cargo ship ICEBERG 1 Flag State Panama in International Waters of East Africa and took 24 crew members 6 are Indians hostage and sailed the ship to Somali companyst on 29th March, 2010, at 9.30 hrs.
The ship was released on 16th April, 2011 with eight Indian crew members and seven crew members were held back as hostages and they companytinue to be under the custody of the pirates at unknown location.
On 2nd March, 2012, at 12.19 hrs, Somalian pirates hijacked Chemical Tanker Royal Grace Flag Stage Panama at Arabian Sea and took hostage 22 crew members 17 Indians and sailed the ship towards companyst of Somalia.
Accordingly, affidavit has been filed on 7th March, 2014 by the Under Secretary, Ministry of Shipping, Government of India, stating that since the year 2008, the pirates operating from Somalia have become a serious menace for the safety of maritime traffic as well as the crew members in the gulf of Aden and Western Arabian Sea and as a companysequence thereof, Indian seafarers have also suffered at the hands of the said pirates.
Suppression of unlawful acts against Safety of Maritime, Navigation and Fixed Platform on Continental Shell Act hereinafter referred to as SUA Act 2002 has been enacted by Indian Parliament and companytains provisions for dealing with the illegal activities which endanger the safety of maritime navigation and the safety of persons and property on the sea.
On 10th May, 2012, at 9.23 am, pirates hijacked Tanker Ship Symrni Flag State Liberia at Arabian Sea and took 26 crew members 11 Indians hostage.
The Government of India has urged the ship owners and employers to initiate measures for the release of Indian seafarers and also raised the subject of companytinued captivity of Indian seafarers during the meetings held under the IMO and Contract Group on Piracy off the Coast of Somalia CGPCS .
On 14th February, 2014, time was given to the learned companynsel for the Union of India to file an affidavit setting out the protocol, procedure and process followed by the Government of India in matters like the present where an Indian national is missing either on the high seas or elsewhere and also to set out the details and efforts made in locating and rescuing one of the missing persons.
This set up has the Cabinet Committee on Security CCS for taking major policy decisions, a Committee of Secretaries for Anti Piracy and Hijack at Sea COSAPH , chaired by Cabinet Secretary which has the executive responsibility for hands on crisis management.
The Indian crew members were employed by the foreign owned registered vessels through recruitment and placement service provider at Mumbai.
The issue of captivity of Indian seafarers and their release has been taken up in the meetings of Inter Ministerial Group of Ministers IMG , a body reporting to COSAPH set up under the Ministry of Shipping and headed by the Additional Secretary, Ministry of Shipping, to address issues of hijacking of merchant ships involving Indian seafarers.
MV Asphalt Venture was hijacked on 29th September, 2010 with fifteen Indian crew members on board.
Recently, High Commissioner of India in Nairobi wrote a letter to the President of the Puntland State of Somalia on 14th October, 2013 seeking information on the Indian hostages of MV Asphalt Venture and MV Albedo.
MV Albedo was hijacked on 26th November, 2010 with crew members which included two Indians one of the Indian crew members died.
Case of the petitioner is that three merchant vessels have been hijacked in the high sea and out of the crew members held captive by the pirates, eight persons companytinued to be detained by them.
Several measures have been recommended which include, following Best Management Practices BMP version 4 and deployment of armed guards on board merchant ships.
Thus, though described as PIL, both the petitions seek enforcement of rights of individual seamen who are held hostages at high sea.
This Group of Officers has been meeting regularly to appraise the developing situations and review the efforts and measures being taken by the various agencies within their companycerned areas of mandated responsibilities for securing the release of Indian hostages who have been in captivity of Somalian pirates.
International Maritime Organisation IMO is a UN specialised agency for safety of shipping and prevention of marine pollution by ships.
Ten Indian seafarers are held captive by the said pirates, seven of whom are ex Asphalt Venture, one ex MT Albedo, while the whereabouts of one Dheeraj Tiwari ex MY Iceberg and one Rajbhar Rajoo Prasad ex MT Albedo are number known.
536/2012 described as PIL, is claimed to be by way of legal aid to the captivated seamen at the instance of relatives of the victims, while Writ Petition C No.
The said vessel sunk off on 7th 8th July, 2013, but one Indian seafarer is reported to be safe.
Respondent No.2, Ministry of External Affairs, as part of this IMG, has been closely companyordinating in securing early release of the Indian hostages of MV Asphalt Venture and MV Albedo.
Separately, the High Commission of India in Nairobi, Kenya, which is companycurrently accredited to Somalia, has companysistently taken up the issue of the Indian hostages of MV Asphlat Venture and MV Albedo with the authorities in Somalia since the occurrence of the incidents.
The Government of India has companysistently taken up the issue of Indian seafarers of MV Asphalt Venture and MV Albedo, including with the Somali Ambassador in New Delhi.
Union of India has failed to protect the life and liberty of companycerned Indian citizens in spite of being approached for the purpose.
Indian seamen were employed through East India Shipping Agency, Mumbai Report No.5 .
It has further stated by the petitioner that the Admiralty Offences Colonial Act, 1849 provided for prosecution for offences at sea.
The IMG has members representing all companycerned Ministries and agencies like the Ministry of External Affairs MEA , the Ministry of Defence MOD , the Ministry of Home Affairs MHA , Intelligence Bureau IB , the Cabinet Secretariat, and the Directorate General of Shipping DGS .
It is the fundamental duty of the Member States to companyperate in preventing incidents of piracy.
26/2014, also described as PIL, has been filed by the wife of one of the captivated seamen.
The subject of ensuring the safety and security of seafarers, sailing on the high seas, is being seriously taken up by the IMO and also at the meetings of CGPCS.
Writ Petition C No.
However, numberdefinite response has been forthcoming from the Somali Government in this regard.
Piracy is illegal as per UN Conventions on the Law of the Sea UNCLOS .
