CAS article no. 0017/2016
Courtesy: Times of India
MV Seaman Guard Ohio straying into Indian territorial waters off Kanyakumari coast on October 12, 2013 has more to do with heightened concerns about security threat to India than mere maritime breach. Even at the peak of piracy attacks in the Gulf of Aden, Indian Ocean and the Gulf of Guinea, India had been wary about permitting armed guards aboard merchant ships and preferred its own commandos. It was only in August 2010, the government finally relented.
Considering the sensitivity of the southern region dotted with nuclear and other installations, including ISRO's Sriharikota satellite launching station, the security concerns are hardly misplaced, point out experts. The US anti-piracy vessel, a suspected floating armoury providing maritime security against piracy threats, had apparently run out of fuel and sought the help of a TN fishing vessel. Later, 31 assault rifles and 5,000 rounds of ammunition were seized from the ship. Several security agencies descended on Tuticorin port, where the vessel was towed and anchored for fur ther investigations.
Seaman Guard had tried to plead right of innocent passage under the United Nation Convention of Law of the Sea (UNCLOS) of which India is a signatory . Advocate representing the vessel's crew members R Subramaniya Adhityan claimed that the vessel, registered in Sierra Leonne, was in a situation of distress and had the right of innocent passage under UNCLOS. “They ran out of fuel and had not wilfully entered the territorial waters,“ he said, adding that the navigation chart, deck and GPS log books corroborated this. Moreover, the documents submitted to the court validated the fact that it was an anti-piracy ship carrying arms and am munition, he said.
India had been lobbying with the Joint War committee, in which the Lloyd's of London is a part, to reverse its promulgation of high piracy risk area that extends right within Indian territory . “It was only in December last year, that the high risk area was pushed more westward towards Africa,“ said Chennai-based retired commodore R S Vasan, head strategy and security studies of Centre for Asia Studies. “The Seaman Guard had vio lated fiscal, immigration and customs duty laws. The court rul ing should send out a clear mes sage and act as deterrent,“ said Vasan. Against the backdrop of a series of terror attacks including Mumbai 2611, Parliament and Akshardham attacks and more recently the Pathankot strike , India's security concerns and fears are justified, he said. The security threat perception was further heightened with the ISIS trail of terror.
Seaman Guard is said to be among a few floating armouries across the world providing mari time security services against piracy attacks. In March 2013, AdvanFort, which owns the ves sel, had reportedly pleaded guilty to felony in a US court after being charged with making false state ments while acquiring firearms.
Comments