The alleged non compliance of the direction given by this Court as per Annexure A1 judgment made the petitioner to approach this Court again by way of this contempt matter.
2. The writ petition was disposed of by this Court, directing the third respondent to consider and pass appropriate orders on Ext.P5 in accordance with law, at the earliest, at any rate, within two months from the date of receipt of a copy of the judgment. Despite serving a copy of the judgment along with a copy of the writ petition before the third respondent as borne by Annexure A2 postal acknowledgment card, no step was taken by the concerned respondent to comply with the direction, which hence is sought to be proceeded against under the Contempt of Courts Act and relevant rules.
3. An affidavit has been filed by the respondent rebutting the averments and allegations stating that, pursuant to the direction given by this Court, earnest efforts were taken by giving C.O.C No. 456 of 2014 -2-
necessary directions to all concerned, to conduct the Port State Control (PSC) Inspection of the Vessel OEL Freedom, on her first arrival at an Indian Port to ascertain whether any evidence indicating involvement of the vessel in the alleged collision with the Indian fishing boat St.Mary. It was accordingly that necessary instruction was given as per Annexure R1(a) dated 11.12.2013. Thereafter the vessel OEL Freedom called at Kolkatta Port when PSC Inspection was conducted on 12.12.2013. On receipt of the report in the office of the DG Shipping on 5.2.2014, it was forwarded to the Principal Officer, Mercantile Marine Department, Kochi on 28.2.2014 vide Annexure R1(b). A copy of the said report was also served upon the petitioner vide Annexure R1(c) letter dated 9.4.2014.
4. The learned Central Government Counsel appearing for the respondent submits that the prayer in Ext.P5 representation was to take urgent measures under Port State Control to conduct enquiry and verify whether M.V. OEL Freedom (IMO 8510361) flying the flag of Singapore had rammed into the Indian registered fishing Boat 'St.Mary's'. The pleadings and proceedings reveal that, an enquiry was conducted and that a C.O.C No. 456 of 2014 -3-
report was obtained; based on which it is stated that, the PSC Inspection could not establish conclusively that the vessel MV OEL Freedom flying the flag of Singapore had rammed into the Indian registered fishing boat 'St. Mary's'.
5. Whether the materials collected are enough or not or whether the finding is correct or not, is not the subject matter of the contempt matter. The only issue is whether, the direction given by this Court has been complied with or whether there is any wilful disobedience amounting to contempt. After hearing both the sides, this Court finds that no contumacious act is established on the part of the respondent, to proceed further.
This contempt matter is closed accordingly, without prejudice to the rights and liberties of the petitioner to pursue appropriate remedy, if he is not satisfied with the enquiry conducted by the respondent or otherwise; by way of other appropriate proceedings before the appropriate forum, in accordance with the relevant provisions of law.
P.R. RAMACHANDRA MENON, JUDGE.
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