This is a pre-1990 case. A family from Rajkot came to my office in Ahmedabad. Their son was a cook on Indian Navy ship Vikrant (Now dismantled). They said that a month ago they had received telegram that their Son had slipped from deck into Hindi Mahasagar. Body was not found. Then in due course, they received belongings of son on ship.
The parents suspected a foul play. But they had no details. They said someone might have thrown their son in sea. The parents were poor and illiterate.
I filed a writ petition for them. The Gujarat High Court issued notice to authorities and probably also to Captain and authorities of Vikrant navy ship.
The officers came from Delhi and Ship. Affidavits in replies were filed.
It appeared that on that particular day, the cook might have been drunk and might have slipped into sea at about 5 A.M. There were no eye witnesses. The incident came to be noticed around 7 A.M., the ship was turned back immediately and search was made for two days in sea where the cook could have been slipped. Body was not found. An internal inquiry as per rules was also held and nothing suspicious was found. The officers showed records to High Court and stated facts on oath.
The parents suspected a foul play. But they had no details. They said someone might have thrown their son in sea. The parents were poor and illiterate.
I filed a writ petition for them. The Gujarat High Court issued notice to authorities and probably also to Captain and authorities of Vikrant navy ship.
The officers came from Delhi and Ship. Affidavits in replies were filed.
It appeared that on that particular day, the cook might have been drunk and might have slipped into sea at about 5 A.M. There were no eye witnesses. The incident came to be noticed around 7 A.M., the ship was turned back immediately and search was made for two days in sea where the cook could have been slipped. Body was not found. An internal inquiry as per rules was also held and nothing suspicious was found. The officers showed records to High Court and stated facts on oath.
For Young Lawyers: Limitations of a Writ Court
When High Court or Supreme Court is hearing such matters, it is working as a WRIT COURT. It is not possible for Courts to decide disputed questions of fact. Nor it is possible for it to investigate. At the most they can call for an expert report or can order investigation or inquiry by a higher officer if they suspect that some foul game is being played.
As per my memory, in this case, records and statements of other persons on ship said that the cook was seen upto 5AM. The records of logbooks also showed that at 7.00 AM, the Ship took a U Turn and searched sea for two days.
This clinched issue. There appeared ring of truth in what officials were saying. I asked parents if their son had enmity with anyone on ship or whether there was anything to indicate foul play.
There was nothing else. High Court did not see any ground to probe further into this matter. The matter was dismissed.
Some time ago it was in news that the Vikrant, an Indian navy ship which used to carry air crafts, was dismantled. Then I had remembered this case.
The point I am making is , in our country, we have Rule of Law. Even the poorest can move High Court or Supreme Court. But the people must know limitations of writ court.
Haresh Raichura
6th April, 2012