India

Orissa High Court Orders Return of 23 Seafarers on Abandoned Vessel

By Debabrata Mohanty

The Orissa High Court, hearing a petition filed by Russian master Istyagin Evegeny Nikolaevich, ruled that Article 21 of the Constitution protects the right to life of foreign nationals within India’s territorial jurisdiction. The court directed the Centre to ensure the disembarkation and repatriation of 23 seafarers stranded aboard the Cameroon‑flagged tanker MT Unity, which has been anchored at Paradip Port since May 11. The vessel, arrested in three admiralty suits over commercial claims, had arrived to discharge Russian crude oil. Nikolaevich, along with 22 other crew members, has 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. Nikolaevich alleged that the shipowner and charterer abandoned the vessel and its crew, leaving them without regular supplies, drinking water and wages. The court cited Sections 304, 311 and 92 of the Merchant Shipping Act, stating that the Centre cannot evade its obligations when a vessel and its crew are abandoned. It ordered the Centre, the Shipping Master (Mercantile Marine Department) and relevant maritime entities to immediately replace the crew, facilitate their sign‑off and disembarkation, and oversee their safe return to their home countries within three weeks. Justice RK Patnaik noted that the right to live with dignity cannot be denied to foreign citizens and that seafarers cannot be left stranded indefinitely while maritime claims remain unsettled.