Kerala High Court Seeks Centre's Urgent Response On Plea Moved By Family Of Seafarer Missing In Tunisian Waters

The mystery deepens as the family of the Indian seafarer who went missing in Tunisian waters approached the Kerala High Court seeking governmental intervention suspecting foul play in the entire episode. 

Justice T.R Ravi on Tuesday directed the Centre to get proper instructions in the matter on an urgent basis and file a statement as well. The matter has been adjourned to Friday.

The developments ensued in a petition moved by the father of the 27-year-old seaman who went missing from his vessel. According to the petitioner, his son was an Ordinary Seaman with a Continous Discharge Certificate, and thereby a 'seaman' within the definition of the Merchant Shipping Act, 1958.

He was employed in a vessel with a Panama flag and was recruited by the Sinasta Maritime Pvt Ltd, 4th respondent herein.  

The plea states that the petitioner's son could not contact his family often due to connectivity issues on the sailing ship. However, on his occasional calls, he allegedly informed them that he was being tortured mentally and physically by his supervisor. In his last phone call to the petitioner on April 20, his son had told him that this harassment continued and that he was going to report it to the higher authorities.

A week later, the 4th respondent called the petitioner 7 days later letting him know that his son had gone missing from the vessel in Tunisian waters. Shocked by the news, the petitioner immediately approached an MP seeking ministerial intervention in the matter. 

After repeated emails and phone calls, the 4th respondent finally forwarded the Master's investigation report and the crew statements along with photographs regarding the incident.

Nevertheless, the petitioner suspects this report to be false and evasive since initially, the 4th respondent had informed that only a tube fitted to the vessel was missing along with the seaman but in the report it was stated that a life jacket was also found to be missing. Further, the petitioner suspected foul play since the crew statement disclosed that his son was seen in the engine room on the day he went missing. 

Accordingly, seeking a thorough investigation and urgent intervention into the matter by the Centre and diplomatic channels, the father of the missing seafarer moved the High Court.

The case was first posted before Justice PS Gopinath on 6th May. Urgent instructions were sought from the Ministry and the case was adjourned to today.

Meanwhile, a body is reported to have been found, along with a lifebuoy, in a head-down position in the waters. Despite repeated queries, no further information was made available. However, after today's hearing, the family apparently received an e-mail through the recruiting agency, asking if they chose to cremate the body or to conduct post-mortem. It is to be noted that there is still no official confirmation that the body belongs to the missing seafarer. 

Advocates Ms.Tushara James and Mr.Amal Darshan appeared for the petitioner.

Case Title: Raveendran A v. Union of India & Ors.