The incident on Sunday in which two Indian fishermen were killed when a bulk cargo vessel rammed into their fishing boat off Kochi raises questions over jurisdiction, investigation and prosecution of the case just as the Enrica Lexie incident did more than five years ago.
What happened?
A Panama-flagged bulk cargo vessel, Amber L, rammed fishing boat Carmel Matha around 2 a.m. on Sunday, killing two people on board the boat. One fisherman is missing and 11 were rescued. Thampi Durai, 55, from Colachel in Tamil Nadu, and Rahul, 24, from Assam, died in the accident. The missing person is Moty Das, 26, from Assam.
Where did the accident take place?
The incident happened in the Kochi-Minicoy shipping channel. The Indian Navy officially confirmed that the accident occurred 30 nautical miles northwest of Kochi coast. The ship was headed for bunkering to a location eight nautical miles from the coast. After the incident, the ship proceeded for bunkering without stopping, say the police said.
How does this case compare to the Enrica Lexie case?
In the Enrica Lexie case, in which two Indian fishermen were shot dead by Italian marines on an anti-piracy mission, the incident happened some 20 nautical miles from the coast of Kerala. UN Convention on the Law of the Sea says 12 nautical miles constitutes territorial waters of a country. From 12 to 24 nautical miles, it will be considered contiguous waters. Beyond that, up to 200 miles is a country’s Exclusive Economic Zone.
In the Enrica Lexie case, the Supreme Court ruled that Kerala did not have jurisdiction in the contiguous waters and only the Union had. The Indian Maritime Zone Act, 1976, lays down that the Central government may exercise powers and take measures in relation to security in contiguous waters.
In June 2016, the Union government decided to extend the jurisdiction of selected police stations on land from 12 nautical miles to 200 nautical miles into the high seas. As many as 10 police stations in eight States had been notified at that time. Kerala police say that the Fort Kochi police station is among those with jurisdiction up to 200 nautical miles. As per Indian law, the Kerala coastal police can proceed with the investigations.
What have the police done?
The coastal police in Fort Kochi have registered cases against the vessel’s crew under IPC section 427 (mischief causing damage), 280 (rash navigation of vessel), 338 (causing grievous hurt by act endangering life or personal safety of others) and 304 (causing death by negligence). The captain is a Greek national. The ship has been detained within Kochi port limits with its 28 crew members. The investigation is under way.
