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In a reprieve for the captains of cargo vessels MSC Chitra and MV Khalijia 111,which collided with each other resulting in an oil spill,a local court on Wednesday restrained the police from arresting them without giving a 72-hour prior notice.
The court was hearing the anticipatory bail pleas filed by the captains of both the ships after a case was registered against them for rash navigation and negligence.
Principal Judge of the sessions court M L Tahalayani disposed of both the pleas when the prosecution told the court the investigation was still on and that they had no intention of arresting the captains as of now.
The court,while directing the police to give the captains a 72-hour notice in case of arrest,came down heavily on the police for a slow investigation.
“It is a very serious case and the police are yet to ascertain which channel the vessel Chitra was coming on.
According to the captain of Chitra he was on channel number 12 which is meant for inward bound ships. But according to the captain of Khalijia,Chitra was on channel number 13,” the court remarked.
The police needs to find out which channel both the ships were on so as to ascertain who was at fault,the judge said.
According to Laxman Dubey,the captain of Khalijia,Chitra was cruising at a high speed and there was no negligence on his part.
However,the captain of Chitra,Minguelinho Ranjit Martin,in his plea has said it was Khalijia’s fault.
The captain and crew members of both the vessels were booked under various sections of the IPC and Environment Protection Act including section 280 (rash navigation of vessel),336 (endangering life of others) and 427 (mischief causing damage).
The two merchant vessels had collided on August 7 near the Mumbai coast resulting in a major oil spill from MSC Chitra. Although no one was injured,33 crew members,including two Pakistanis,were rescued from both the ships.
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