LAWS(KER)-2010-6-79

GANGADHARAN C V Vs. UNION OF INDIA

Decided On June 01, 2010
GANGADHARAN C. V. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petitioners are the parents of Mr. Sanaj Gangadharan, the 4th Engineer in a Shipping Company owned by the 4th respondent. They have come to this Court for issue of a writ of habeas corpus to direct the production of their son Sanaj Gangadharan, who is said to be missing from 08/03/2009. The vessel in question 'Ratna Urvi' arrived at anchorage of Fujariah Port in U.A.E. at 19.00 hours local time on 07/03/2009. Bunkering commenced at 22.00 hours. The bunkering operation was supervised by the said Sanaj Gangadharan. He was duly assisted by his Senior Engineer. The operation continued till 04.48 hours on 08/03/2009. On completion of the bunkering, Mr. Sanaj Gangadharan was given off by the Chief Engineer with direction to report at 18.00 hours. The said Sanaj Gangadharan is reported to have had his lunch at 12.00 hours and thereafter at 13.15 hours, he went up to the bridge to enquire about the prospect of the signing off. To cut a long story short, he was seen on board at 13.30 hours by the electrical officer. He was not seen thereafter.

(2.) According to the petitioners, no proper enquiry / investigation has been conducted into circumstances under which the petitioners' son was said to be missing from 13.30 hours on 08/03/2009. They have hence come before this Court to issue necessary directions. To summarise their prayer, they want a proper enquiry / investigation to be conducted to ascertain the whereabouts of their son. They want appropriate further action to be taken after ascertaining the relevant details.

(3.) Notice has been issued to all the respondents. Respondent Nos. 1 to 3 and 5 have filed statements. The 4th respondent has also filed a statement. The 9th respondent, CBI, has entered appearance through the Standing Counsel, but no statement has been filed. Respondent Nos. 2 and 5 have filed a counter - affidavit. Respondent Nos. 6, 7 and 8 are represented by the Government Pleader. No statement has been filed by them.