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Tougher law could be used against poachers
In the net: Indian fishermen who have been detained for poaching in Sri Lankan waters. File pic
The government will look into prosecuting foreign fishermen poaching in Sri Lankan waters through a law that would subject them to heavy penalties, heeding the petition of local fishermen who argue the law currently used lacks teeth.
The Supreme Court was told on Tuesday that the cabinet has appointed a committee to review legal procedures.
When the petition filed by three District Fishermen’s Cooperative Societies representing fishermen in the north was taken up for hearing, Deputy Solicitor General Vickum Abrew told the court the committee will look into implementing the Fisheries Foreign Vessels Act, which imposes heavy fines for poaching.
The decision could take six weeks, he said. The bench comprised Justice Sisira De Abrew and Justice Priyantha Jayawardena.
Deputy Solicitor-General Vickum Abrew and Deputy Solicitor General Anusha Samarasekera represented the Minister of Fisheries, the navy commander and the Attorney-General, who were cited as respondents by the petitioners.
The petition was filed in the Supreme Court after the Court of Appeal dismissed the case, saying it was up to the government and the Attorney-General’s Department to decide on which laws the prosecution should follow.
The petitioners sought a court directive to the Attorney-General’s Department to prosecute poaching cases under the Foreign Vessels Act instead of the Immigrants and Emigrants Act under which the fishermen are currently being prosecuted.
Petitioner’s Counsel Chinthaka Fernando argued the current practice of the government to detain foreign fishermen under the immigration law was ineffective as all of them were released after a brief detention.
“The failure to arrest and prosecute the Indian fishermen in terms of the Fisheries (Regulation of Foreign Fishing) Act No. 15 of 1979 is arbitrary, unreasonable and unlawful,” he said.
“The detention of the Indian mechanised trawlers and prosecution of the Indian fishermen can be legitimately pursued in terms of the Immigrant and Emigrant Act but there is a legitimate legal question pertaining to whether Indian mechanised trawlers can be detained or confiscated if the Indian fishermen or the master of the vessel and/or the boat owner is released without charge,” Mr. Fernando said.
He said the Fisheries Foreign Vessels Act would enable courts to detain the fishermen and subject them to heavy penalties as well as confiscate their vessels.
“The fishermen cannot get away easily with this law in operation,” he said. “Most of the Indian fishermen arrested by the navy are labourers working for the boat owners, who own many trawlers in Tamil Nadu.
Under the Foreign Vessels Act the real boat owners would have to come to court and pay the fine in order to get their boats back. If that law is implemented the invasion of Indian fishermen into Lankan waters will be reduced significantly,” Mr. Fernando argued.
Counsel Chandrika Jayasundera appeared with Vishmi Fernando while Chinthaka Fernando, instructed by Upendra Gunesekera, appeared for the petitioners.
The case will be taken up for hearing on March 29.