Lanka tells India to abide by Law of the Sea

whether coastal or land-locked enjoy the right of innocent passage through the territorial sea of a state as long as it is not prejudicial to the peace, good order or security of the coastal state.

“The criminal jurisdiction of the coastal state should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only if the consequences of the crime extend to the coastal state,” Article 27 says.

Sri Lanka has refuted claims by the Indian Coast Guard that the Lankan fishermen were arrested while poaching in Indian waters and sought the release of the fishermen.

The incident took place earlier this month, two days before the official level meeting held between the two countries' delegations in Colombo. It was taken up at the high-level meeting where the Indian delegation agreed to seek the immediate release of the vessel and the fishermen.

However, the response of the Indian Coast Guard was vague, the Ministry Secretary said.

On Tuesday, another seven Sri Lankan fishermen were detained in mid- sea by Indian coast guards while they were travelling through the same path and they were released after inspection.

The Ministry is to consult the Attorney General's Department to verify the legality of India's action before sending a formal response.

A 48-foot Sri Lankan multi-day fishing boat named “Kaveesha Putha 3” had set off from the Dickowitha harbour in Wattala with the seven fishermen on board. After a month of fishing in international waters, it was arrested by Indian coast guards when it was returning from the Arabian Sea on April 4.

The fishermen were taken to the Thoothukudi harbour and later handed over to Tharuvaikulam Marine Police for further legal action. They are yet to return to Sri Lanka though they were officially released. The rough sea conditions have delayed their departure.

According to the official responses exchanged between the two countries, Thoothukudi's Deputy Superintendent of Police claimed that the detained fishing boat master had reportedly told them that he had “intentionally crossed the International Maritime Boarder Line (IMBL) for fishing without any valid permits or licence."

Sri Lanka's Fisheries Ministry is looking into this claim by India.

The Lankan fishermen who spent nearly a month in international waters for fishing said they were disappointed that their two metric tonnes fish worth about Rs 4.4 million in Sri Lankan rupees had been auctioned in Tamil Nadhu for just 200,000 Indian rupees.

Meanwhile, Fisheries Director General M.C.L. Fernando questioned why the Indian Coast Guard had started arresting Lankan fishermen suddenly when the Sri Lankans had been using the marine lanes for years.

At present, there are 141 Indian mechanised trawlers in Sri Lanka's custody while 18 Lankan multi- day fishing boats are in India's custody.