Detained for Over a Year, Seafarers Can Exit Under Stringent Terms to Ensure Their Return for Legal Proceedings
In a significant ruling, the Kerala High Court has permitted two foreign seafarers, detained in India for over a year following a maritime incident, to return to their home country under strict conditions. The judgment was delivered by Justice Bechu Kurian Thomas in the case of Wei, Chun-Ju and another versus Union of India.
The seafarers, serving as the Master and Chief Officer of the vessel 'M.V. Wan Hai 503', were detained after a fire onboard the vessel led to a maritime casualty 44 nautical miles off Azheekal, Kerala, on June 9, 2025. The incident resulted in the registration of Crime No.15/2025 by the Coastal Police Station, Fort Kochi, under various sections of the Bharatiya Nyaya Sanhita, 2023.
Despite the prolonged investigation, authorities responsible for the probe, including the Merchant Shipping Act investigators, expressed no objections to the repatriation of the petitioners, provided their availability for future proceedings is secured. The Court noted that the continued detention of the seafarers contravened the principles outlined in Maritime Conventions and the Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident, 2006.
The Court set forth several conditions for their release, including the execution of a bank guarantee amounting to Rs. 25,00,000, and a commitment to appear in person or online as required by the judicial authorities. Their passports, seized earlier, will be returned once they file an affidavit ensuring their compliance with the Court's directives.
The judgment emphasizes the balance between ensuring justice and respecting international maritime guidelines, reflecting the Court's sensitivity to both legal obligations and human rights considerations.
Bottom line:-
Seafarers detained in connection with a maritime casualty can be permitted to leave India subject to compliance with specific conditions ensuring their availability for investigation and court proceedings.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023, Sections 282, 285, 286, 287, 288 r/w Section 3(5).
Wei, Chun-Ju v. Union of India, (Kerala) : Law Finder Doc id # 2925962
