Delhi HC issues notice in plea seeking repatriation of Five Seafarers to India who have been stranded in Iran despite their acquittal in a Conspiracy Case
The Delhi High Court recently issued notice in a plea filed by family members of five Seafarers seeking their repatriation from Iran to India who have been stranded in Iran despite their acquittal in a conspiracy case.
The Single Judge bench of Justice Rekha Palli has listed the matter for next hearing on July 27.
The Fiver Seafarers hail from very poor financial background. On completion of their marine course, the Seafarers were assured a job in United Arab Emirates. They flew separately to UAE but to their great shock and dismay and contrary to what was represented to them by their placement agents, they were taken to Iran where they joined a Cargo vessel 'MV Artin 10´ as Seafarers performing only menial duties.
On February 21, 2020 while the vessel was in deep seat at Strait of Hormoz, the Iranian authorities raided the vessel and arrested the Captain along with the aforesaid Seafarers and charged them with conspiracy to smuggle narcotics in deep sea. The Seafarers remained in custody at Chabahar Jail for almost 403 days (i.e. from 22.2.2020 to 8.3.2021) during which time, despite repeated requests, written representations and communications, no potential assistance including legal assistance was extended to them by the Government of India.
On March 8, 2021 the Trial Court in Chabahar, Iran acquitted all the aforesaid five Seafarers and on March 9, 2021 they set their foot to freedom. However, the Iranian authorities refused to hand over their passport and were informed later that the matter had been referred to the Supreme Court of Iran. They were further informed that by June 23, 2021 the matter would be finally decided by the Supreme Court. However, it has not so happened and neither the Petitioners nor the Seafarers know or have been informed when the matter is likely to be finally decided by the Supreme Court of Iran.
It has been submitted that while the matter has still not been decided by the Supreme Court of Iran, the Seafarers are in a limbo. They have been at the mercy of local Samaritans who have been providing them food and shelter. Their sorry state of affairs has been repeatedly brought to the notice of the Union Government and the Embassy of India in Tehran but to no effect.
The petitioners have thus prayed for a direction to the Union of India through Ministry of External Affairs to provide sufficient medical and financial assistance, boarding and lodging and all other necessary consular services to the Seafarers till such time they are repatriated back to India.
The petitioners have further sought a direction to the Government through Ministry of External Affairs to actively pursue the matter with the Government of Islamic Republic of Iran for expeditious disposal of the matter by the Supreme Court of Iran.
Lastly a prayer is also made for a direction to the Government through Ministry of External Affairs to take up the matter with the Government of Islamic Republic of Iran at the highest level to repatriate the five Seafarers to India.
The petition has been filed through Law Offices of Gurinder Pal Singh.
Case Title: Sham Nathuram Yenpure & Ors vs Union Of India nd Ors