The Kerala High Court directed the urgent medical disembarkation of a 55-year-old Indian Chief Officer onboard the Indian-flagged merchant vessel THERA, currently docked at Mumbai Port.
The interim relief was granted by Justice N. Nagaresh on a writ petition filed by the petitioner, seafarer’s wife, invoking Article 226 of the Constitution. The petitioner alleged that her husband, suffering from acute abdominal and urological complications since April, was being unlawfully confined onboard without proper medical treatment, in violation of statutory and constitutional protections.
Despite repeated medical sign-off requests, including written communications from onboard medical professionals and the shipmaster, the manning company allegedly failed to act. The vessel reportedly lacked essential medications and diagnostic facilities required under the Merchant Shipping Act, 1958, and Maritime Labour Convention, 2006.
Taking note of these serious allegations and the supporting medical correspondence (including a “written sign-off” letter dated 28.04.2025), the Court observed that further retention onboard was medically and legally unjustifiable. The Court passed an interim order directing respondents, particularly the shipping companies Mark Marine Services Pvt. Ltd. and Seawisdom Shipping Pvt. Ltd., to disembark the petitioner’s husband on medical grounds immediately. Further, the Court held that any future engagement must be based on medical advice.
The Court also issued urgent notices to ONGC and the maritime authorities concerned to respond.
Appearances in the case:
Petitioner: Advocates Anjaly T.A. and Rance R.
Respondents: Deputy Solicitor General of India (DSGI) for Union of India and Maritime Authorities
