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Tug detained for weeks for using banned mobil phone

For over 1,5 months Mohammed Fajar, 45, the Indonesian captain of the "Svitzer Forti", and 12 crew members, have been stuck in Mumbai, after being arrested for using a banned mode of communication. They were recently released on conditional bail. Fajar and the crew can't leave Mumbai till the trial is over. The Thuraya satellite phone that Fajar used to communicate with his company based overseas from Indian waters has been banned in India post the 26/11 attacks, when most of the communication from Pakistan was done via satellite phones, and the Indian agencies couldn't intercept any call. Fajar and his crew were detained and questioned by the Coastguard, customs and even the marine police, who arrested him on May 14, 2017, for violation of the Indian Wireless and Telegraph Act. Also, the firm owning the tug had to shell out over $3000 (R2 lakh) a day to park the vessel off the Mumbai port for nearly a month. The Indian Coast Guard had received a specific intelligence input on the Thuraya transmission from an unknown number from a location off the city coast. The Regional Operation Centre (Mumbai) localised the transmission near the "Svitzer Forti", anchored about five miles off the port at Mumbai anchorage. A Coast Guard Hovercraft H-194 and a ship C-154 were sent to investigate. An interrogation team comprising coast guard, customs and marine police officers boarded the vessel and found a Nokia satellite transmission set with 15 Thuraya SIM cards, which were sealed and the captain questioned, before he was handed over to the marine police. After extensive interrogation, it was clear that neither the vessel nor its crew had any ulterior motive. Use of a satellite phone violates section 4 of the Indian Telegraph Act of 1885, as per which anyone who wishes to carry one into India needs to obtain a licence and furnish the same before the jurisdictional police. They are also required to furnish a declaration to the customs mentioning the phone's brand, serial number and part number. The tug was anchored close to Alam Bunder, near the Gujarat port, supplying water for washing large ships in the ocean. Fajar told us that the water had got over and he had to inform his company based abroad. Usually, mid-sea, there's no mobile connection or network, and hence, the Thuraya satellite phone is the only mode of communication available, which is banned in Indian waters. " Fajar then started communicating via email, the content of which was checked by officers of all investigating agencies involved, as well as intelligence agencies, who found nothing untoward. A forensic team at Kalina was taken onboard the tug to analyse the phone and submit a detailed analytical report on their findings; we are waiting for it. The court ordered the tug to be released with instructions that all crew members cooperate with the prosecution during the trial. The tug finally sailed off in the second week of June.