Case of Missing Sailor from Indian Navy Ship Vikrant and also about limitations of writ court

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.

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

Case of A widow who had lost her husband in communal riots but dead body of husband was not found

This happened in pre-1990 years in Gujarat. Frequent communal riots were taking place in certain parts of Ahmedabad.

The then Government (Not present Government) had a soft policy to handle communal disturbances.

One woman's husband was working in a mill, probably Ashok Mill. That day there were riots and curfew. The husband did not return in evening. The days passed, the dead body of husband was never found.

When poor woman went to mill management, they asked for a death certificate for releasing funds of deceased workman.

Authorities refused to give death certificate on ground that if a person is missing, the court will declare him dead only after seven years.

The widow came to legal aid committee of Gujarat High Court. The committee assigned a lady advocate. The lady advocate asked me to help her in solving this complicated case.

For Young Lawyers: 1) Understand the real problem. 2) Do not file matter half-mindedly. First think it thorough

Here, the woman had came to ask for a death certificate because some authority refused to give her death certificate. 

But this was not her real problem. She was poor. She was in dire need of financial help. She was unable to get money payable to her on account of death of her husband. This was the real problem.

Second, no court will like to ask authority to issue a death certificate for a missing person until seven years have passed. To ask for such a thing is futile. Describing poverty of woman will not help Court.

Think it thorough. Ask only things which is within power of court to give. Whenever you file any writ petition in High Court or Supreme Court, the judges will first read PRAYERS in the writ petition.

If you had prayed something which court cannot grant, the judges may not even read further. They may simply dismiss writ petition.

What we asked in this case:

We prayed that whatever amount is payable to missing man, by the Mill, may be placed in a fixed deposit of Bank for five years, and interest on amount may be paid every month to widow.

This served the interest of woman. The Court also granted order without any hesitation. 

The case was over.

After seven years, the widow was always free to get a death certificate and claim full amount.

Haresh Raichura

6th May,2012

How A letter to a maid in Chennai resulted in release of 300 bonded labourers from Gujarat?

This happened many years ago when I was a practising lawyer in Gujarat High Court. A Tamil bonded labourer had managed to drop a letter to his mother in Chennai that he has been sold and kept as bonded labourer on a ship. Mother worked as a maid in house of a Police Inspector in Chennai. She gave letter to Police Inspector. The Police Inspector sent letter to a journalist in Ahmedabad. The Journalist showed letter to my steno. My steno showed letter to me. He asked me to file a PIL in High Court in his name.

Purpose of Telling you this story

From this story, you will be able to understand how PILs are filed, why Courts refuse to accept certain PILs, and how they go about in certain few PILs.

The Bench

The PIL was listed before the then Chief Justice P.R. Gokulkrishnan and Justice R.A.Mehta. The Court issued notice and kept matter next week for response of Government.

Next week, Advocate General appeared for Government and told the court that the man named by me in petition has resigned from his job and has already left for Chennai.

The top officials of Government were present. They told court that there are no bonded labourers on any ship.

Then there was nothing more left in PIL. The Court looked up at me and asked my response.

I said, "Apart from this man, two other bonded labourers have managed to escape from ship and I have kept them hidden in Court No. 2. And if Your Lordships want, I can produce them right now."

The Judges smiled. The case had started taking dramatic turn. The two labourers were produced.

Then I pointed out another difficulty to court,"These labourers do not know Gujarati, Hindi or English. They only know Madrasi Language."

Everyone in court including judges laughed. Because indirectly, I was suggesting that Chief Justice P.R. Gokulkrishnan should examine these men in Madrasi language in a court full of Gujarati people!

The judges discussed inter-se about propriety of doing this and then Chief Justice started speaking in Madrasi to labourer and then started dictating its English translation to court steno.

The whole courtroom was now overcrowded. Such a scene had never happened before.

The whole truth came out.

Next Day Morning

Next day morning when I opened the newspaper, headlines said that at that night, 9 ships were raided. 300 bonded labourers were freed and were sent to their homes.

My steno, in whose name petition was filed, is serving somewhere as a judge. So I have not mentioned his name.

I have also left Gujarat and shifted to practise in Supreme Court since about 25 years. The memories of the case have faded into past.

What you should bear in mind while filing a PIL

You may have a good case. The Court may issue notice also. But what will happen at next date?

The Biggest, richest and brightest lawyers will come from opposite side. They will have demolished all your facts and case. Will you be able to counter them at that stage? In fact, the pressures may have come upon you to withdraw PIL!

At this stage, the Court will find itself in "not a comfortable position".

That is why, before entertaining a PIL, the Courts look at credentials of petitioner and his lawyer.

Haresh Raichura

5th May,2012