Bengaluru: Observing that the Iranian fishermen unintentionally intruded into the borders of another country and it is improper to book them for criminal offence, the Karnataka High Court on Friday quashed the FIR filed against fifteen fishermen. The court granted permission to Iranian fishermen to return to their homeland who were taken into the custody by Indian Coast Guard after it was suspected that they were catching fish near Lakshadweep.
Pronouncing its order, the court said, "The fishing boats entered the Indian waters because of nature's act and therefore it is improper to book them for the criminal offence. It observed that such incidents are common in the international waters and many a time, Indian fishermen had entered maritime borders of other countries".
It opined that when the fishermen unintentionally intrude into the border of another country, it is improper to act against them.
Two boats were found within the territorial borders of India by the Indian Coast Guard on October 21. When they were asked to stop, the sailors’ reportedly tried to flee with their boats, the Coast Guard had stated. Both the boats and its fishermen were taken into custody. The then superintendent of police, R Chetan, had issued a media statement on this issue.
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The boats titled 'Avidhi' and 'Ishan' had illegally entered the Indian maritime border. They did not have any kind of permission to conduct fishing there. They had not produced any documents. They also created obstructions in the inquiry launched by the Coast Guard staff, and therefore they were taken into custody and brought to the shore, it was explained.
On the basis of a complaint filed by the deputy commandant and boarding officer of the Coast Guard, Kuldeep Sharma, a case was registered in the Coast Guard police station on Thursday. All the 15 fishermen were remanded to judicial custody till January 14. They were later kept in Mangaluru prison and then in Bengaluru prison during the coronavirus infections.
Neither the Iranian diplomats nor Indian ones had shared any information with the state home minister about the genuineness or otherwise of the case. Therefore, the fishermen, even though they did not commit any mistakes, had to go to jail because of natural disasters. Advocates for the fishermen had filed public interest litigation in the high court seeking to cancel the first information report filed by the Indian Coast Guard.
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