Allahabad High Court: Centre's Search for Missing Indian Seafarer Deepak Kumar Gupta

• Indian seafarer Deepak Kumar Gupta went missing after the cargo vessel MV AGN Ragnar was struck by drones in the Black Sea near Ukraine.
• The Centre's diplomatic efforts to locate Gupta continue, with the Ministry of External Affairs (MEA) in continuous touch with foreign authorities, though active search and rescue operations have been suspended.
• Prolonged search and rescue operations at sea have practical limitations, which may impact the Centre's liability or obligations.
• The First Officer of the MV AGN Ragnar has not yet been debriefed by the authorities, despite being a key eyewitness to the incident.

However, he also pointed out that prolonged search and rescue operations at sea have practical limitations, which may impact the Centre's liability or obligations.

Deepak Kumar Gupta, an Indian seafarer, went missing after the cargo vessel MV AGN Ragnar was struck by drones in the Black Sea near Ukraine on a date not specified. The incident sparked a search and rescue operation that, after several weeks, has been suspended pending receipt of fresh information, although diplomatic efforts to locate Gupta continue. The Centre's efforts to locate Gupta have been reviewed by the Supreme Court, which has sought updates from the Ministry of External Affairs (MEA) on their diplomatic follow-up with foreign authorities. The MEA has assured the Court that they are in continuous touch with the concerned foreign authorities to trace Gupta.

The Centre has submitted a status report to the Supreme Court, which includes details of their compliance with International Maritime Organization (IMO) guidelines on the fair treatment of seafarers. The Solicitor General, Tushar Mehta, appeared for the Union and assured the Court that they have complied with these guidelines. However, he also pointed out that prolonged search and rescue operations at sea have practical limitations, which may impact the Centre's liability or obligations.

The petitioner has disputed the adequacy of the efforts undertaken by the authorities to locate Gupta. They contend that search operations had effectively ceased after July 26 and that no fresh rescue efforts have been undertaken thereafter. The Romanian authorities are willing to resume search and rescue operations if additional technical information can be provided. However, the First Officer of the MV AGN Ragnar, who witnessed the incident and has since returned to India, has not yet been debriefed by the authorities.

Lawyers advising clients in the shipping industry should be aware of the Centre's compliance with IMO guidelines on seafarer treatment and note that prolonged search and rescue operations at sea have practical limitations, which may impact their clients' liability or obligations.

Source: Original reporting via Supreme Court of India