Detention is in transgression of UN Convention: India to Iran

India has strongly objected to "colourable exercise of power" by Iran in detaining its oil tanker, saying it is in "transgression" of UN Convention on the Laws of the Sea and warned of "serious ramifications" of any arbitrary enforcement of well-established mechanisms.
In a letter to the Iranian shipping authorities, Union Shipping Ministry has also asserted that Port State Control (PSC) is a legitimate mechanism to be utilised prudently for eradication of sub-standard ships and 'detention' was a provision to be invoked only in exceptional circumstances if the vessel poses serious threat to life and environment.
"Any arbitrary enforcement of this well-established regime can have serious ramifications on the smooth conduct of international maritime transport and may send alarming messages to the shipping community...," Engineer & Ship Surveyor-cum Deputy Director General (Technical), Shipping Ajithkumar Sukmaran has said in a letter to Iran last week.

The letter to Iranian Director General, Safety and Marine Protection also said, "We, the Indian administration, strongly object to this colourable exercise of power and remind your administration that your act in this case was in transgression of the UNCLOS'82 and several other international conventions."
Reiterating that the vessel was on a "innocent passage" from Basrah, Iraq, to Visakhapatnam and was not voluntarily destined at any Iranian ports, India said it was "forcibly diverted" to Iranian waters and then subject to PSC inspection.
The tanker belonging to India's largest ocean liner Shipping Corporation was seized in Persian Gulf on August 12 on charges of pollution while carrying crude from Basrah in Iraq and was taken to Bandar Abbas port.

Urging the Iranian authorities to take "prompt measures" for immediate release of the vessel, Ajithkumar said the letter may be treated as the formal appeal from the Indian maritime administration against the detention of the vehicle.
Citing provisions of MARPOL 73/78, which is the International Convention for the Prevention of Pollution From Ships, the letter mentioned despite provisions for providing evidence that the ship has discharged harmful substances, "we are not in receipt of any evidence from your administration" to credibly link the vessel to any alleged pollution incident.