Category Archives: For Young Lawyers

Case of Missing Sailor from Indian Navy Ship Vikrant and also about limitations of writ court

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This is a pre-1990 case. A family from Rajkot came to my office in Ahmedabad. Their son was a cook on Indian Navy ship Vikrant (Now dismantled). They said that a month ago they had received telegram that their Son had slipped from deck into Hindi Mahasagar. Body was not found. Then in due course, they received belongings of son on ship.

The parents suspected a foul play. But they had no details. They said someone might have thrown their son in sea. The parents were poor and illiterate.

I filed a writ petition for them. The Gujarat High Court issued notice to authorities and probably also to Captain and authorities of Vikrant navy ship.

The officers came from Delhi and Ship. Affidavits in replies were filed.

It appeared that on that particular day, the cook might have been drunk and might have slipped into sea at about 5 A.M. There were no eye witnesses. The incident came to be noticed around 7 A.M., the ship was turned back immediately and search was made for two days in sea where the cook could have been slipped. Body was not found. An internal inquiry as per rules was also held and nothing suspicious was found. The officers showed records to High Court and stated facts on oath.

For Young Lawyers: Limitations of a Writ Court

When High Court or Supreme Court is hearing such matters, it is working as a WRIT COURT. It is not possible for Courts to decide disputed questions of fact. Nor it is possible for it to investigate. At the most they can call for an expert report or can order investigation or inquiry by a higher officer if they suspect that some foul game is being played.
As per my memory, in this case, records and statements of other persons on ship said that the cook was seen upto 5AM. The records of logbooks also showed that at 7.00 AM, the Ship took a U Turn and searched sea for two days.

This clinched issue. There appeared ring of truth in what officials were saying. I asked parents if their son had enmity with anyone on ship or whether there was anything to indicate foul play. 
There was nothing else. High Court did not see any ground to probe further into this matter. The matter was dismissed.
Some time ago it was in news that the Vikrant, an Indian navy ship which used to carry air crafts, was dismantled. Then I had remembered this case.
The point I am making is , in our country, we have Rule of Law. Even the poorest can move High Court or Supreme Court. But the people must know limitations of writ court.

Haresh Raichura
6th April, 2012

Case of A widow who had lost her husband in communal riots but dead body of husband was not found

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This happened in pre-1990 years in Gujarat. Frequent communal riots were taking place in certain parts of Ahmedabad.

The then Government (Not present Government) had a soft policy to handle communal disturbances.

One woman’s husband was working in a mill, probably Ashok Mill. That day there were riots and curfew. The husband did not return in evening. The days passed, the dead body of husband was never found.

When poor woman went to mill management, they asked for a death certificate for releasing funds of deceased workman.

Authorities refused to give death certificate on ground that if a person is missing, the court will declare him dead only after seven years.

The widow came to legal aid committee of Gujarat High Court. The committee assigned a lady advocate. The lady advocate asked me to help her in solving this complicated case.

For Young Lawyers: 1) Understand the real problem. 2) Do not file matter half-mindedly. First think it thorough

Here, the woman had came to ask for a death certificate because some authority refused to give her death certificate. 
But this was not her real problem. She was poor. She was in dire need of financial help. She was unable to get money payable to her on account of death of her husband. This was the real problem.
Second, no court will like to ask authority to issue a death certificate for a missing person until seven years have passed. To ask for such a thing is futile. Describing poverty of woman will not help Court.
Think it thorough. Ask only things which is within power of court to give. Whenever you file any writ petition in High Court or Supreme Court, the judges will first read PRAYERS in the writ petition.

If you had prayed something which court cannot grant, the judges may not even read further. They may simply dismiss writ petition.

What we asked in this case:

We prayed that whatever amount is payable to missing man, by the Mill, may be placed in a fixed deposit of Bank for five years, and interest on amount may be paid every month to widow.
This served the interest of woman. The Court also granted order without any hesitation. 
The case was over.
After seven years, the widow was always free to get a death certificate and claim full amount.
Haresh Raichura
6th May,2012