Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981. Drifting of Vessel into maritime zone of another country due to unforeseen circumstances does not constitute an offence. Karnataka High Court.

Ababakar Ansari Miya and others vs State of Karnataka and others. Writ Petition 11248/2020 decided on 21 December 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354911/1/WP11248-20-21-12-2020.pdf

Facts: Straight from any movie ! Please read

Relevant paragraphs. 7. Sri.Kethan Kumar, learned counsel or the petitioners would submit that the petitioners are but fishermen, who unfortunately due to act of nature were stuck on the high seas due to a cyclone, the diesel of their Vessel got depleted and finally drifted into maritime zone of India. There is no allegation against the petitioners as regards any other offences nor have they involved themselves in any particular offences. Merely because they came into the maritime zone, they have been in custody for more than fourteen months, as such, he submits that there being no offences which are made out against the petitioners, the proceedings are required to be quashed and they are to be deported back to their country of origin.

11. The facts are not in dispute. The only issue is as to whether at this stage it can be said from the material on record that the petitioners have committed any particular offence requiring their detention and/or prosecution ?

12. Merely because during the course of fishing, due to unforeseen circumstances and acts of nature if their Vessels were to drift into the maritime Zone of a particular country, it cannot strict sensu be said that there is any offence made out against them requiring their incarceration and/or criminal trial.

13. These are common occurrences which happen to all fishermen fishing in the international waters. Many a times it is seen that fishermen of our country have drifted into maritime zone of another country and sometimes action is taken against them and sometimes no action is taken against them. This being so, for the reason that unless there is a willful intent or motive associated with such act and/or any intent to commit any other offence, fishermen per se ought not to be prosecuted for just drifting into a maritime zone of another country.

Petition allowed.

Compiled by S. Basavaraj, Advocate, Daksha Legal.