African pirates get 7 years for defying Indian authority
pirates of attempt to murder and kidnapping and sentenced them to seven years in jail.
Special judge Jayendra C Jagdale said the accused, who have spent six-and-a-half years in jail since being nabbed in 2011, are to be deported to Somalia after release from prison.
Besides, they were also convicted under the Unlawful Activities Prevention Act (UAPA) for threatening the country's security and sovereignty. "The accused used fire arms at a distance of about 59 NM (nautical miles) from Lakshadweep Island. The act on the part of the accused is nothing more than a challenge to the sovereignty of India. Undoubtedly the accused have entered Indian Admiralty Jurisdiction illegally with intention to commit crime. They have used fire arms against Indian Navy personnel," the court said.
This is one among the four cases being conducted by special public prosecutor Ranjeet Sangle. The verdicts against 103 other accused in three other cases are likely to be pronounced by next week.
In the January 2011 case, the Indian Navy and the Coast Guard intercepted a vessel being used by Somali pirates 200 miles off Kochi in the Arabian Sea. They rescued 20 fishermen hailing from Thailand and Myanmar held hostage on board the vessel. They also rescued the 15 pirates who jumped into the sea during the operation and took them into custody. The vessel, Prantalay, originally belonged to Thai fishermen. It was hijacked by the pirates in April 2010 to be used as mother vessel for piracy.
The accused arrived in the court at 12.15pm after which the court explained the charges and sentence against them in two batches. When asked if they wanted to say anything on the sentencing, defence advocate Vishwajeet Singh sought leniency and said the accused wanted to be sent back to Somalia. After the court said that they were to be deported, the lone accused who spoke in Hindi folded his hands and said, "Hum khush hogaye, judge sahib. Maaf kardo." The 15 were also fined a total of Rs 11,000 each and expressed their concern about how they would cough up the money.
In the detailed judgement copy, the court said the charge against the accused under
IPC section 364 A (kidnapping for ransom) could not be proved in the absence of first-hand information by the witnesses that the accused had threatened the hostages for ransom.
The case witnessed a major hurdle with the unfruitful efforts to get the hostages to depose as witnesses. Sangle specified how letters were written to the respective embassies through the state government and advocate general of Thailand through diplomatic channels. Referring to this, the court observed, "Truly, the prosecution has taken genuine efforts to bring the witnesses from Thailand and Myanmar before this court. But, due to the apathy and indifferent attitude of the foreign countries, the witnesses could not have been produced."
http://timesofindia.indiatimes.com/...n-authority/articleshow/59889600.cms?from=mdr
Somali pirates get 7 years in jail, to be deported soon
The 15 pirates have already spent more than six years in jail; deportation treaty signed on Tuesday.
Six years after a group of Somali pirates were arrested while attempting to hijack a ship off Lakshadweep islands, 15 of them have been found guilty and sentenced to seven years imprisonment by a sessions court in Mumbai. As they have already spent over six years in prison, they have only a few more months to spend behind bars. Following a treaty signed between India and Somalia on Tuesday, all 15 of them will be deported after they complete their sentence.
Additional Sessions Judge Jayendra Jagdale convicted them on charges of attempted murder, kidnapping, as well as sections of the Unlawful Activities (Prevention) Act (UAPA) and fined them Rs 11,000 each.
Lodged in Navi Mumbai's Taloja Prison, these 15 men are part of the 120 Somali pirates apprehended by the Coast Guard and the Indian Navy in four separate anti-piracy operations between January and March 2011. During these operations, several nationals from Bangladesh, Myanmar, Thailand, Iran and Bangladesh were rescued.
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In this case involving the 15 pirates, 20 crew members, who are citizens from Myanmar and Thailand, were rescued. However, due to non-cooperation from their countries, none of these hostages could be produced as witnesses. Therefore, those examined by special Public Prosecutor Ranjeet Sangle were 15 officers from the Coast Guard, the Indian Navy and cops from the Yellow Gate police station.
The complaint was lodged by Pawan Kumar Yadav, Assistant Commandant of the Indian Coast Guard, who was an integral part of the rescue operation. During the course of the trial, the pirates pleaded guilty before the court. However, under the Criminal Procedure Code (CrPC), once a trial begins, the accused cannot be sentenced without completing the trial.
Special Public Prosecutor Ranjeet Sangle called the judgement "a reflection of the commitment of India towards performing its obligation under the UN Convention of Law of the Sea". He added, "It is a message to the international community and pirates and hijackers on any waters in the world, that when it comes to India the offences that breach and infringe freedom of navigation and maritime trade shall not be spared and will be brought to justice."
The trial was a difficult one for both the prosecution and the defence. Most of the pirates spoke only their local language making it a severe hurdle both for them as well as investigators. Translators would often have to be called in from Pune to assist in the trial.
Help from Somalia came only a while ago, when all of them suddenly pleaded guilty without the amicus curiae's knowledge. Lawyer Vishwajeet Singh, who was appointed by the Somali Embassy, decided not to cross-examine witnesses as the pirates had accepted their guilt.
On Tuesday, the 15 men looked pleased after the verdict when they realised that they would be able to go home after serving a few months more. However, rustling up the fine amount may prove to be a challenge. During the time they spent in jail, they would do odd jobs for other prisoners to earn a few bucks so that they could purchase essentials from the provision store.
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The rescue operation
At 10.21 am on January 28, 2011, the Coast Guard received a distress call of piracy attempt from a Merchant Vessel flying the Bahamas flag. They found two small boats approaching the vessel but the boats quickly changed their course and sailed towards their mother vessel called Prantalaya, which they had hijacked earlier. Naval Ship INS Cancarso intercepted the pirates' vessel. After cross-fire, the Somali pirates' ship caught fire and began sinking. While 10 pirates died, the hostages as well as the rest of the pirates were rescued.
http://mumbaimirror.indiatimes.com/...-to-be-deported-soon/articleshow/59890245.cms
