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Judgment
The Petitioner, a resident of Sambalpur, has filed the present writ petition stating that her son Siddharth Meher, completed his graduation in Nautical Science from the Indian Maritime University, Chennai. Heis stated to have worked as an under training Deck Cadet in MAESTRO in Nimbus Maritime Service Private Limited Shipping Company (Opposite Party No.9). On 10th September, 2018, the said Siddharth Meher was sailing on a ship belonging to Respondent No.9 carrying LPG Gas from Mumbai to Russia. While the ship was sailing around 150 km from the Kerch Strait Marine Casualty in Russia a blast occurred due to the leakage of LPG Gas, during a ship to ship fuel transfer. It is stated that Siddharth along with some crew members tried to escape by jumping into the deep sea. The authorities deployed in the rescue efforts reportedly stated that they could not trace out the son of the Petitioner in the deep sea.
The Petitioner's husband on 22nd January, 2019 sent an e-mail to the Ministry of External Affairs (MEA) and asking that the Petitioner's son be traced. Another e-mail was sent on 4th February, 2019. In the e-mail on 5th February, 2019, it was stated that since Ukraine is a country near the place of the incident, there was a possibility of Siddarth's movement towards Ukraine by fishing boats or some other means.
On 24th January, 2019, Petitioner's husband sent a communication online with registration No.PMOPG/E/2019/0043475 to the Government of India portal seeking further details on the whereabouts of his son. The Petitioner's husband sent a reminder on 4th February, 2019. Again on 7th February, 2019, another e-mail has been sent for tracing out her son.
The present writ petition was adjourned three times in two and half years. First on 28thFebruary, 2019, the matter was adjourned with order "List this matter before any other Bench". On 7th March, 2019, extra copies of the writ petition were asked to be served onthe contesting Opposite Parties. Notices were issued to Opposite Party Nos.3, 4 and 9 by speed post. No notice was ordered be issued at that stage to Opposite Party Nos.6, 7, 8, 10 and 11 'for the time being'. The matter was adjourned to 25th March, 2019.
On 25th March, 2019, this Court notedin its order that "M/s. Sangramjit Panda and associates filed Vakalatnama in the Court Today on behalf of Opposite Party No.9, which is taken on record. Put up this matter before some other Bench where Justice S.K. Mishra is not a member. Deputy Registrar (Judicial) is directed to place this matter before the Hon'ble Chief Justice for nomination of appropriate Bench immediately." After that, the matter was listed for the first time before this Court today.
A counter affidavit has been filed by the Deputy Director General of Shipping (Technical) under the Ministry of Shipping, Central Government of India, At-Regional Office, Kolkata, representing Opposite Party No.4. It is statedtherein that it is not possible to find out the exact location where persons drowned in the deep and silent water zone. Still, the rescue team deployed wasundertaking the search by using ultra-mechanical procedure. It is stated that it is not possible to intimate each moment of progress unless and until a definite conclusion could be arrived at. In the e-mail addressed to the MEA by the Petitioner's husband on 4th February 2019, it was stated that according to some crew members "he has jumped into sea with a life jacket. Since the body is not yet recovered it is presumed that they might have been rescued by someone other than rescue team with good or bad intention."
Mr. P.K. Parhi, learned Assistant Solicitor General of India appearing for Opposite Party Nos.1 to 3 states that he will file a detailed affidavit explaining the protocolfollowed when an Indian goes missing abroad in an accident. The said affidavit be filed not later than 10th January, 2022.
Further, fresh notice be issued to Opposite Party No.9 by registered speed post returnable by the next date. Requisites shall be filed within three days.
List on 24th January, 2022.
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