Owners of Mahanuwara are contemplating FR application
Monday, 23 March 2015 00:00
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The owners of the vessel Mahanuwara, which is embroiled in the floating armoury controversy, are contemplating filing a Fundamental Rights application against the authorities.
Sri Lanka Shipping says that they had brought to the attention of the Magistrate Courts, the Harbour Master and the Criminal Investigation Dept that the vessel was 40 years old and the Certificate of Class expires on 31 March 2015 and on expiry of class the insurances for pollution, wreck removal and damage to third party property becomes invalid.
Charter of the vessel ended on 28 February 2015 and the vessel is detained by the Criminal Investigation Department.
The vessel has reached 40 years and to extend and renew the class of the vessel will well exceed the current value of the vessel and the vessel was not worth that expenditure. The condition of the vessel has deteriorated by being in a dormant position with its steel hull being fouled with barnacles. The vessel being detained indefinitely also poses an environmental risk and endangers the port.
The CID informed the Magistrate that the Attorney General had advised that the vessel remain detained until the completion of the investigation and asked for time until 30 March 2015 to complete this investigation. The CID further informed the courts that this matter would be handed over to the Bribery Commission after the investigation was completed.
Crew of Mahanuwara claims that they are not permitted to be signed off after completing their contract with the ship owning company Sri Lanka Shipping Co.
The crew claimed that they were not under arrest or detained but the Harbour Master in Galle was not allowing them to disembark because the Magistrate Order to the Harbour Master gives him custody of the ship. The crew claim that their right to sign off and go home to their families was violated.
It has to be assumed that the operation of the floating armoury is legitimate since the CID informed the courts that this matter would be referred to the Bribery Commission said Reza Managing Director of the Sri Lanka Shipping Co. Ltd. He added that the Defence Secretary and Minister Lakshman Kiriella had announced that the floating armoury would be handled in a legal manner.
According to the statement made by Minister Kiriella, the Government had cleared the names of Rakna Arakshana Lanka and Avant Garde Maritime Services. With the Parliament being told that the operation was done in accordance with the provisions and standards stipulated by the IMO, we cannot understand why the Attorney General had not agreed to release the vessel, Reza said.
“We are ship owners and our business is to charter our vessels and we have done this legitimately,” he said.
