UNNIKRISHNAN AND Vs. DIVISIONAL INSPECTOR OF POLICE KOCHIN

JUDGEMENT

(1.) Main question urged in these Original Petitions is whether powers of the ordinary criminal court are barred by detailed provisions contained in Part XII of the Mercantile Shipping Act.

(2.) On 21.7.1990, at about 0050 hours, a fire was noticed in and around the Cochin Oil Terminal area. At the time of the unfortunate incident, two boats, belonging to a contractor engaged by the Cochin Port Trust for the use of the staff, were lying along the Cochin Oil Terminal at the rear side. On seeing the fire, employees of the boats untied the same and started the engines and tried to get away from the place of incident. But, they were not able to escape. The boats were completely burnt. Four men who were inside the boats also lost their lives in the incident. An F.I.R. was filed by the police immediately, reporting the incident, before the Additional Judicial First Class Magistrate's Court, Ernakulam. Thereafter, by notification dated 8.1.1992, Government of India published notification in the India Gazette dated 25.1.1993 empowering the Chief Judicial Magistrate, Ernakulam under S.361 of the Mercantile Shipping Act, 1958 (hereinafter referred to as 'the Act') to conduct a formal investigation under para 12 of the Act into the loss of lives and boats and the cause of fire. S.361 of the Act reads as follows:

(3.) This Original Petition is filed to quash the above charges on the contention that in view of the provisions in S.361 of the Act, no criminal prosecution can be taken as there is an implied bar and criminal courts have no jurisdiction to deal with the matter and findings of the enquiry as per the Act. S.368 of the Act is relied on by the petitioners to that purpose which is as follows: