The bench was informed that another bench led by Justice Ravindra Ghuge on May 5 had ordered release of crew members stranded on detained vessels for nearly three months. (File photo)
A day after it freed 50 crew members stranded on three vessels in the Arabian Sea, the Bombay High Court on Wednesday allowed the ships to be taken out to the Alang ship-breaking yard in Gujarat, citing “security threat’ and “maritime obstructions”.
The ships were detained for illegal fuel and bitumen transfers.
A bench of Chief Justice (CJ) Shree Chandrashekhar and Justice Gautam A Ankhad was hearing pleas by owners of the ships Balboa Shipping, Star Management Shipping and Royal Princess Shipping, foreign companies registered in Panama seeking release of the vessels and sailing permission, while the police case continues.
The three vessels, MT Asphalt Star, MT Stellar Ruby, and MT Al Jafzia, were intercepted in February by the Indian Coast Guard and were detained by the Yellow Gate police station. They were alleged to have smuggled Iranian bitumen by using deceptive measures such as switching off their location systems, similar to practices undertaken by “shadow fleets” to transport sanctioned commodities by avoiding interception.
The bench was informed that another bench led by Justice Ravindra Ghuge on May 5 had ordered release of crew members stranded on detained vessels for nearly three months, observing that “for them life comes only once”.
CJ Chandrashekhar-led bench was further told that after its March 17 order, the petitioners had obtained valuation reports putting the cumulative value of the ships at 53.28 crore. However, advocate Jitendra Mishra, representing the Coast Guard and the Director General of Shipping, disputed the figures on instructions from officials present in court and claimed each vessel should be valued at around Rs 350 crore.
Mishra argued that keeping unmanned ships in the high seas for long was hazardous to security and maritime traffic and that they could be moved to Alang, as other procedures and resolution of disputes may take time.
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The HC said that it was not inclined to go into all these disputes at present and noted, “as suggested by Mishra, the ships in question, shall be permitted to be taken to the Port at Alang Shipyard in Gujarat”.
“So, we are permitting removal and movement of the ship to a particular place that shall remain at all times under their (authorities) jurisdiction and control. This was your worry,” CJ Chandrashekhar orally remarked.
“At this stage, the court is concerned with security threat and maritime obstructions as indicated by respondent authority,” the bench noted in its order.
The HC added that ships be permitted to be taken to Alang port on furnishing an undertaking by the petitioners to abide by past court directives and the vessels shall remain in authority’s “legal custody”.
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It asked petitioners to appoint agent of Indian nationality in case their present representative is foreign national, to prosecute the pleas.
The bench said that issue related to valuation and quantum of security deposit can be dealt with at later stage after the respondent authority files an additional affidavit to the claims made by the petitioner and posted further hearing to June 18.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
