Why Only 33 Crew Members of U.S. Anti-Piracy Ship Seaman Guard Ohio and not the Captain

Seaman Guard Ohio, had entered Indian Territorial waters, in October last year.
Their failure to disclose information about arms and ammunition, led to India Coast Guards to intercept and arrest them.
Madras High Court judge, while granting bail to 33 crew members, refused to do so to the ship’s captain, and it’s Tactical Deployment Officer stating they were responsible for irregularities.
The judge pointed out that, carrying arms, according to Arms Act wasn’t prohibited per se, and Seaman Guard Ohio was a genuine Anti-Piracy ship. However, it was negligence and failure to inform Indian port officials about arms and ammunition on board is what led to the arrest.
The judge also pointed out to Articles 17 to 19 of the United Nations Convention on the Law of the Sea, which gives permission of Right of Innocent Passage to all foreign vessels, in and around other countries territorial waters of any Coastal State, provided they do not do anything to hamper the peace, good order or security of that State.
But Seaman Guard Ohio had failed to inform about arms and ammunition on board which is considered as threat to national security, and hence the arrest.

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