18 April 2004	Sunday	27 Safar 1425

KARACHI, April 17: All the eight Greek sailors, including seven crew members of Tasman Spirit, and its salvage master were allowed to go home by the Judicial Magistrate, West, Mumtaz Ali Solangi, on Saturday.

The orders came on two applications moved under Section 250 CrPC and 540-A of CrPC, by M A Qazi and M. Ilyas Khan, advocates, counsel for applicants/accused - captain Kyrstino Dimitrios and crew members Metmettes Georgios, Jnero Joel, Valsamos Dionisious, Manog Song Derio, Kautsos Gerowos and Flores Greg. Nicholas Papas, salvage master, was the eighth accused who came to Pakistan for a rescue operation.

When the case was taken up, Alexandros Boudorious, Greek charge de affairs, appearing before the court, submitted a fax message from the Embassy of Greece (dated 15-4-2004) in which compliments were paid to the ministry of foreign affairs.

The Government of Greece assured the Government of Pakistan and the court that on allowing an application under Section 250 CrPC and subsequent repatriation of seven crew members and the salvage master, the Greek government would ensure return of the accused to Pakistan as and when required by the court.

The said assurance was held out to the additional secretary (Europe directorate), Ministry of Foreign Affairs, and Babar Ghauri, federal communications minister.

Earlier, Mohammad Ashraf Kazi and M.Ilyas Khan, appearing for the applicants, submitted that the prosecution was not ready to proceed with the case. The accused are in detention since July 27, 2003, and one of them had attempted to commit suicide, he said.

Mehmood Alam Rizvi, counsel for the KPT, said the investigation officer has summoned the classification record without which case could not proceed. Mr Rizvi then gave consent to the release of the accused and also conceded to the request for return of travel documents of the accused.

The bench, after a detailed hearing on Saturday, held that section 540-A CrPC can be interpreted benevolently.

The court also noted that the salvage master, Nicholas Papas, was not on-board Tasman Spirit and was not in Pakistan when the incident occurred.

The court held that the prosecution even now was unable to proceed with the case as classification record was not available.

After the "no-objection" by the counsel for the KPT and complainant Captain Iftekhar Ahmed of KPT and the prosecution inspector, the court allowed the applications exempting the accused from personal attendance and also ordered return of their travel documents, including Passports, CDC and other documents deposited with the Nazir of the court. The bench also directed the charge de affairs to produce all or any of the accused as and when required. -APP