Calcutta High Court Seeks MHA Report On Plea Challenging 'Illegal' Recruitment Of Foreign Nationals As Sea-Farers On Indian Flag-Carrier Ships

The Calcutta High Court today heard a plea based on a whistleblower's complaint, seeking a National Investigation Agency (NIA) probe into the alleged engagement of 'Pakistani & Iranian Nationals' as sea-farers on Indian Flag-carrying ships.

Counsel for the petitioner submitted that service had not been effected on the respondents and that the petitioners did not wish to serve the respondents till the matter had been taken up by the Court & investigated by the NIA as an offense under the Unlawful Activities Prevention Act (UAPA) to avoid tampering of evidence given the peculiar facts of the case. 

Upon hearing the plea, a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya called for a report on the issue by the Ministry of Home Affairs (MHA) and held:

"Based on the peculiar circumstances of the case, the petitioner has not served the respondent to avoid tampering of evidence. An RTI made by the petitioner before the DG Shipping has revealed that the recruitment companies are authorised to recruit Indian seafarers only. The petitioner has access to material proving that these agencies are recruiting non-Indians on ships that come into Indian waters. This according to the petitioner poses a serious national security risk. Before we issue notice, we direct the MHA to file a report in a sealed cover and place before court on the next hearing date."

Petitioner submitted that he was a whistleblower and had obtained copies of documents proving that recruitment agencies had been illegally placing non-Indians including 'Pakistanis and Iranians' as seafarers on Indian ships. 

It was argued that these actions posed a great threat to India's national security, besides being illegal under India's Maritime Laws and Conventions, and that such actions formed a predicate offense under the UAPA and would have to be investigated by the NIA. 

Petitioners submitted that they had also served the office of the Ministry of Home Affairs, apprising them of the matter, but that the respondents could not be served to prevent the destruction of evidence. 

ASG Ashoke Kr Charabarti submitted that the allegations made were extremely serious and would need to be investigated after reports were called for from the appropriate agencies.

Accordingly, the Court called for a report from the MHA before issuing notice to the parties and listed the matter three weeks later.

Case: SUBIR ROYCHOWDHURY v UNION OF INDIA AND ORS.

Case No: WPA(P)/611/2023