High Court orders release of sailor stuck in tug without food

KOCHI: The high court has come to the rescue of a sailor trapped without food on board a vessel abandoned by its captain and owner at Vizhinjam after it ran out of fuel.
Foreigners regional registration office (FRRO) at Thiruvananthapuram was directed by the court to take steps to bring the sailor, T S Sreekumar of Mannam Road near Kunnupuram in Kochi, to land after considering a petition filed by him stating that his life was under threat as food articles on board the vessel have been exhausted.
Sreekumar had signed a contract to work as the chief engineer of MV Brahmekshara, a marine tug flying the Indian flag, with Mumbai-based Affable Fisheries Pvt Ltd.
The vessel, sailing from Maldives to Mumbai, had to be berthed at the Vizhinjam sea port on an emergency basis on December 1, 2015 due to acute shortage of fuel, food, and fresh water.
Three days later, the captain obtained permission from the FRRO for leaving the vessel (technically known as signing off) citing emergency . A few weeks later, five of the nine crew too signed off citing medical emergency .
However, the FRRO didn't allow the petitioner to sign off as he had to get clearance from the vessel owner or his authorized agent. As a sailor who leaves a vessel without proper signing-off is considered a deserter as per maritime law and as it affects future career prospects, the petitioner was forced to remain on the vessel without basic amenities and salary .On a petition filed by Sreekumar, a magistrate court in Thiruvananthapuram had ordered the vessel's owner to pay the salary arrears but it was not obeyed. Though the high court had also issued a notice to the owner, it could not be served.
If the provisions of the Shipping Act that requires concurrence of the vessel owner for sign off are put into effect, the consequence is the petitioner, who is an Indian citizen, will be deprived of his rights under Articles 19 (right to freedom) and 21 (right to life and liberty) of the Constitution of India, the court ruled.