The New Nation - Internet Edition

Gopal Krishna

Pursuant to my earlier communication, this is to draw your attention to the fact that besides the violation of the orders of US Environmental Protection Agency, the US ship Platinum II (formerly SS Oceanic, SS Independence) has violated our own apex court order dated 14th October 2003 and 6th September 2007 which has endorsed UN's Basel Convention on Transboundary Movement of Hazardous Wastes and their Disposal. Please find attached an independent waste assessment report of the ship in question.

It must be noted that the new dummy entity called Platinum Investment

Services Corporation based in Monorovia, Liberia (which has been created as a seller by Anil Sharma, the last owner Global Marketing Systemsr of the

ship which was filed by the USEPA) to sell it to Komal Sharma, the owner of Leela Ship Recyclers Pvt. Ltd (the buyer of the ship is brother of Anil

Sharma), Plot No.2, Alang Ship Recycling Yard, Dist. Bhavnagar is a corporate veil.

Clearly, it is a stage managed act to avoid punitive legal action by the US and Indian authorities. This is an exercise in creating a corporate veil, a well known trick employed by companies to save themselves from corporate liability for their crimes. Now it is for the government and judicial authorities to pierce the corporate veil and "lift" this veil for good.

While our Hon'ble Supreme Court order is silent on disputed vessel i.e.all types of vessel can be permitted for dismantling in India.Ships are categorised as special and General Category.

The ship in question according to Supreme Court Order falls under special category as being a warship Table 2.1 (U.S. Navy Flagship). As per Reprot of our Supreme Court's Committee of Technical Experts 2.4.2, "The assessment of hazardous wastes and materials containing hazardous substances for ships of "special Concern" should therefore not only identify types of hazrdous wastes and materials containing hazardous substances, but also make a fair judgement of the qauntities such as ACMs, asbestos dust and fibre, PCB containing materials etc, to be handled before anchoring permission can be granted."

As per the order, 3.1 Recommended Process for Anchoring (see P.S. for the

exact text of the court order),

1) The ship owner or recycler should submit the documents well in advance of the arrival of the ship for recycling for a desk review by SMB in consultation with SPCB and Customs Deaprtment.

2) Whether ship owner has submitted the documents well in advance or not? or it has been simultaneously submitted when the vessel has reached at Bhavnagar anchorage? whether GMB and other concerned agnecies has verified the records?

3) Whether quantifiaction of hazardous waste as per 3.1 (h) is submitted for desk review?

4) If it has not complied with the above procedure,on what basis GMB has granted permission for anchoring to Platinum II (SS Oceanic, SS Independence)? Which agency is responsible for contempt of Hon'ble Supreme Court order? What action has been taken against responsible officer by the concerned Department?

5) Even though our Supreme Court order seems silent on the issue, The US ship in question is like a criminal from other counrty that has come to India after violating the order of other country against whom the order is also passed by their Environmental Protection Agency.

6) After the issue of Order, whether MoEF/CPCB has ever tried to review/monitor that concerned agencies are implementing the Supreme Court order.

7) How to ascertain that such ireegularities are not carried out at Alang after the issue of Supreme Court Order.

8) Whether GPCB has ever monitored asbestos fiber concentrations in ambient air after the issue of order?

9) Whether recommendations (Summary of Recommendations) of Committee of Technical Experts has been implemented? Whether MoEF/CPCB has ever done any review the implementation of the Court's order?

It appears that nothing short of an inquiry by Central Bureau of Investigation (CBI) can ascertain the circumstances undue which this US ship entered Indian waters with impunity. All the conniving Gujarat Maritime Board (gmb) officials, Custom officials and Gujarat Pollution Control Board (GPCB) officials who are hand in glove with the US ship owners who have created a corporate veil to hide behind it must be made liable for their acts of omission and commission. The ship should should be taken away from the Bhavnagar anchorage point outside Port limits, or outside the territorial waters, or the Exclusive Eco-nomic Zone (EEZ). Upon entry into the Port area, a ship was allowed to be anchored by dropping one or more anchors to the seabed. A ship at anchor may lift its anchors, and sail away. Anchoring of ships is thus fully reversible. In the case of the US ship, therefore, there is a clear case for reversing the ship back to US.

The ship in question must be made to follow the path paved by Le Clemenceau, the French warship, which was stopped by our Supreme Court and recalled by the French court.

All the above points may be noted in seeking responses from the concerned government agencies.

(Gopal Krishna, represents the Indian Platform on Shipbreaking, New Delhi, India)