MUMBAI, NOV 19: Now that the dust has settled and the pirates who hijacked the Japanese vessel M V Alondra Rainbow tamed, the Coast Guard faces a fresh challenge: what law to book the offenders under.To begin with, says a senior Coast Guard officer, a first information report (FIR) will be filed at the Yellow Gate police station once the pirates are brought to Mumbai. They are likely to be prosecuted under the Indian Penal Code (IPC) with special reference to the Admirality Law, the officer added.Though it is still not clear whether the 15 pirates will be handed over to the Mumbai police after the FIR has been registered, they will have to face Coast Guard and Intelligence Bureau officers for a long-drawn interrogation.Under the Admirality Law, even if the pirates have not committed any offence in Indian waters, piracy jure gentium is an offence against all nations. Under the law, everyone who, without legal authority from any State seizes or attempts to seize any ship on the high seas within the jurisdiction of the `Lord High Admiral (now the Admirality)' is an offender.Under Sections 3,4 and 188 of the Code of Criminal Procedure, local courts can take cognizance of offences committed beyond the territories of India. However, at the time of commission of offence, if the accused is not an Indian citizen, Sections 4 of the IPC and 188 of the Criminal Procedure Code have no application.Sources in the Coast Guard disclosed that the services of some senior criminal lawyers are likely to be solicited to bring the pirates to book. The Japanese Government is not only keen to have the Alondra Rainbow released as soon as possible from the custody of Indian authorities, but also ensure that the offenders are prosecuted, sources added.The first teams of Coast Guard commandos from CGS Tarabai who boarded Alondra Rainbow on November 15 after a hot chase told The Indian Express that the pirates did not offer any resistance. The first thing that was done was to ensure they did not possess arms.``The pirates were a weary lot, but they kept us awake for more than 33 hours on their trail,'' said Deputy Commandant A K Harbola of CGS Tarabai. ``Though we were glad that the chase was over, the fire on board the vessel had to be extinguished,'' Harbola added.``The Alondra Rainbow was huge compared to the Coast Guard offshore patrol vessel; besides, the engine seemed to be in very good condition. However, we were sure that the illegal crew would be tamed soon,'' said another officer.Sources added that the hijackers were divided into small groups. While some of them were sent on board the CGS Tarabai, the others were escorted to the CGS Veera, which was the larger vessel in the flotilla.Preliminary investigations have revealed that the hijackers were between 25 and 50 years of age, and had no documents or identification papers in their possession.
