The Madras High Court bench here today declined to suspend the five-year jail term awarded to 35 crew members of a US company-owned ship M V Seaman Guard Ohio convicted for illegally possessing weapons and entering Indian waters off Tuticorin in 2013.
Justice V S Ravi dismissed the interim prayer by the crew to suspend the five-year rigorous imprisonment awarded to them by the trial court on January 11 last.
After hearing the argument of 'Q' branch police (intelligence wing) and the petitoners, the Judge rejected the prayer on the ground that the case was sensitive and posted the main petition to June 1 for final hearing.
The government advocate submitted that the crew had no work in this part of the ocean and countered petitioners' submission that they were involved in preventing piracy in the Indian ocean.
"When there is no piracy, where is the question of preventing?" he asked.
He also said there was a possibility of the crew fleeing to their country and not returning to India like the Italian marines facing charge of murdering two Keralite fishermen.
Till today, it was not known why the crew, who did not have valid documents, had entered Indian territory without permission, who they were and why they possessed arms during the stay in the Indian waters for 48 hours, he said adding there was also no proof of their bonafides.
Arms carried by them were allowed only for the Army, paramilitary and police forces and it was not known how they had them in their possession.
However, the petitioners submitted that they were innocent and had carried the arms only for anti-piracy activities.
They pointed out they had been granted bail twice already but had not escaped and obeyed orders of the court.
They had been in prison for nine months and hence the sentence should be suspended, they contended.
The crew also claimed that Indian Arms Act would not apply to them and cases could neither be registered against them under the Act nor could they be convicted under it.
Tuticorin District and Session Judge Rajasekhar had sentenced them to five years RI on January 11 last and also slapped a fine of Rs 3,000 each on the crew, comprising 12 Indians, three Ukranians, six British and 14 Estonian nationals.
The crew were arrested on October 18, 2013 after their ship was intercepted by Coast Guard off Tuticorin port.
