Kataka: The Orissa High Court has directed the Centre and other concerned authorities to disembark the crew of MT Unity, a foreign oil tanker stranded off Paradip since May, and facilitate their repatriation to their respective countries, preferably within three weeks.
Justice R K Pattanaik issued the direction on October 6 while hearing a writ petition filed by the vessel’s master, Russian national Istyagin Evgeny Nikolaevich.
The court held that the seafarers had been abandoned by the shipowner under the Merchant Shipping Act, citing the failure to pay wages, provide essential supplies or arrange a crew change and repatriation.
It directed the authorities to make arrangements for the crew’s disembarkation and return home and deploy a replacement crew on the vessel. The expenses incurred in the process may be recovered from the owner or other parties found liable, the court said.
The Cameroon-flagged tanker has been anchored off Paradip Port since May 11 and remains under arrest in three admiralty suits before the High Court over commercial claims against its owner. The vessel had arrived to discharge Russian crude oil.
The master and 22 other seafarers have remained aboard the tanker. According to the Russian Consulate General in Kolkata, 20 crew members are Russian nationals, two are Egyptian and one is from Kazakhstan.
In his petition, the master submitted that the crew had not received their wages since May and that stocks of food, drinking water and other essential supplies had dwindled. He alleged that neither the shipowner nor the local agent had taken adequate steps to resolve the situation.
The petitioner also contended that the right to live with dignity under Article 21 of the Constitution extended to foreign seafarers aboard vessels in Indian waters.
The vessel’s insurer subsequently supplied provisions and cleared the outstanding wage arrears.
The writ petition was first taken up in August, when the High Court issued notices to the Centre and other parties. As an interim measure, it also directed the Paradip Port Authority to urgently remove sludge from the vessel.
In September, the Ministry of External Affairs informed the court that it was in regular contact with the Russian Embassy over the crew’s welfare and repatriation.
The High Court noted that the tanker continues to remain under arrest.
