STATE REP Vs. V JAYACHANDRA ALIAS EZHU VIRAL

JUDGEMENT

(1.) This appeal filed under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the "tada Act") is directed against the judgment and order dated 29/6/1996passed by the learned Sessions Judge and Designated Judge, Visakhapatnam in Sessions Case No. 31 of 1994. The State has come in appeal as the learned Judge acquitted all the nine accused.

(2.) On 13/1/1993 at about 11.10 p. m. , the Officers-in-Charge of the Coast Guard vessel named "c. G. S. VIVEK" of the government of India noticed one vessel/ship on high seas, about 440 nautical miles South-east of Madras. It was not displaying its nationality flag. It was displaying "not UNDER COMMAND" lights. It was found drifting and was not responding to radio calls. After repeated radio calls V. Jayachandra Ezhu Viral (A-1 informed that he was the Master of that vessel but did not give the correct name of the vessel or the call sign and other details regarding the vessel. C. G. S. VIVEK, therefore, entertained suspicion about the nationality and intentions of that ship and demanded boarding for verification. It was the prosecution case that the Master of that ship threatened C. G. S. VIVEK of dire consequences if an attempt for boarding was made, by saying that it was carrying 110 tonnes of explosives. It then started fleeing away by taking a zigzag course. After a chase for about 2-1/2 hours, it agreed to sail towards Madras, along with C. G. S. VIVEK, though it did not agree for its inspection. On 14/1/1993, INS KIRPAN of Indian Navy joined C. G. S. VIVEK and escorted the said vessel to Madras. A-1 revealed that the name of the ship was M. V. YAHATA and it was carrying 10 AK 47 rifles, one FNC rifle, one rocket-propelled gun and about 25 hand grenades and huge quantity of oil and explosives. On 16/1/1993, by about 7.45 a. m. , M. V. YAHATA was anchored about 8 nautical miles away from Madras coast inside the Indian territorial waters. All the persons on board of M. V. YAHATA were ordered to assemble on the foxie side without any arms and explosives to enable the Indian Navy and Coast Guard ships to exercise their right of visit. The Master and other persons on board again denied this right and took their positions with their AK. 47 rifles. They also fired shots from rocket-propelled gun launcher and small arms and after some time set fire to their ship by using explosive's. A-l to A-9 jumped overboard and were rescued by Indian Naval and Coast Guard vessels. The vessel got badly damaged by fire. When it was in the danger of sinking, the Naval Commandos boarded the vessel and recovered two dead bodies, two assault rifles and a hand grenade. The vessel sank at about midnight,

(3.) The investigation revealed that the real name of the vessel was YAHATA but deliberately A-8, under instructions of A-l, had obliterated the first letter 'y' and the last letter 'a' in order to avoid detection of its correct name and identity. It was registered at the Embassy of Honduras in Singapore showing the port of registration as San Lorenzo in Honduras. The said vessel belonged to ltte and A-l was its Master. A-2 was the member of the Black Sea Tiger Unit and LTTE and was a cadet in the vessel. A-3 was the Chief Engineer and A-4 to A-9 were the crew. A-IO to A-19 were hardcore LTTE militants who died as a result of the fire and sinking of the ship. Out of them. A-12 (Krishnakumar Kittu) was one of the top LTTE leaders. The investigation also revealed that it was on a clandestine voyage and was carrying explosives for terrorist operations. Soon after the saidvessel was intercepted by C. G. S. VIVEK all the 19 accused had conspired to throw overboard all the boxes containing explosives and to destroy evidence as regards their links and not to surrender to Indian Navy or to allow them to inspect their vessel. After the said vessel was brought near the Madras Port they had fired shots at Naval/coast Guard Officers in order to prevent them from exercising their right of inspection and discharging their duty. They had set fire to the ship in order to destroy evidence and to strike terror amongst people including Naval Officers on board the Indian Naval/coast Guard ships who were involved in the said operation. With these allegations the CBI charge-sheeted A-1 to A-9 and ten others who had died, in the court of the Sessions Judge and Designated Judge at Visakhapatnam for the offences punishable under Section 120-B read with S. 201, 353 and 438 Indian Penal Code, Section 27 of the Indian Arms Act, S. 3, 4 and 6 of the Indian Explosive Substances Act, S. 3 (2 and (3 of the TADA Act, and Rule 11 (a) of the TADA Rules,