KARACHI: Nisar A. Mujahid Advocate Supreme Court of Pakistan narrating incident of second largest drug smuggling case and death sentence of seven Pakistani Seafarers on September 5, 2021 disclosed amazing details on his return from Egypt.

He said Iranian Ship MV-Melika 2 was claimed to be arrested in territorial waters of Egypt, on April 1, 2019 and arrested whole crew comprising seven Pakistani seafarers was. Death sentence was converted into life imprisonment on June 1, 2022, by Supreme Court of Egypt in appeals.

However, according to Mujahid, it was exposed that ship ‘Melika 2’ was sailing from south to north in Red Sea for Port of Sudan port of destination from Bandar Abbas Iran port of origin, routing through Gulf of Oman, Gulf of Aden, Yemen, Straits of Bab Al-Mandab. Egypt traveled beyond its territory to grip vessel without holding permission from IMO thus it was hijacked and forced vessel to travel away from its port of destination and enter into territorial water of Egypt.

They did not dock ship in civilian harbor but docked at Branis Naval Base while ship was suspected of narcotics but had not committed any war crime. Seafarers were horrified psychologically and would need a long span to sustain normal observance.

He said ship at time of its seizure was located at distance of more than 18 hours of sailing per ordinary speed. She was in location south far-off from Egyptian territorial waters as Egypt is far away towards northwest of Sudan. Ship was forcibly cordoned off without permission from any of international organizations having regulatory authority over International Waters or open sea i.e. International Maritime Organisation. As per crew reportedly ship was in international waters adjacent to countries i.e. Sudan at its left and Saudi Arabia at its right.

Egypt did not have any power or right to raid or cordon or seize ship without permission of IMO etc., whatsoever regulatory Authority might be but not Egypt itself. During trial of case, no right of hearing was afforded to accused persons and hence condemned unheard in violation of natural justice and cannons of international diplomacy.

Judgment by Egyptian Court was passed in haste. There were many questions raised by Pakistani Advocate Mujahid in front of Egyptian lawyer such as; why ship was arrested beyond 12 NM Knots i.e. from international waters or open sea? Did you feel judges were afraid or under influence of state or executive? Do judges pass judgment or order against wish of state? Reply was, no it does not happen, they cannot go against desire of state.

Judgment reflects as government officers or prosecution was not testified, is it so? Reply was; in Courts of Egypt, an Egyptian officer cannot be questioned or testified. Prisoners say that ship was cordoned off and arrested in international waters. Reply was; Court relied on written document and statements of prosecution. Record of case under judgment reveals that no international forum like IMO etc. was contacted for permission to arrest ship located in International Waters before it was raided, was it so? Reply was; yes, it was so, because practically ship was much away from Egyptian Territorial Waters. Raiding authorities needed permission from international forum.

They took an easy way out to hide their mistake. Judgment reflects that all documentation was prepared as an afterthought later on, do you think that is correct? Reply was: yes, that is correct, questioning on this issue was not allowed. Did Court ask you or accused about sailing route of ship like port of origination and port of destination? Reply was Court did not ask and whatever was written in documents of prosecution was accepted as true.

Published in The Daily National Courier, February, 22 2023

Like Business on Facebook, follow @DailyNCourier on Twitter to stay informed and join in the conversation.