Kerala shipwreck: State to file admiralty suit in High Court
The Secretary of Kerala's Disaster Management department has written to the Advocate General, to initiate action to file an admiralty suit before the Kerala High Court, regarding the sinking of container ship MSC Elsa 3 off the Alappuzha coast on May 25.
The AG's advice has also been sought on action to be taken to 'arrest' any vessel of Elsa 3 Maritime Inc., MCM SA, or MSC Geneva within Kerala's waters, and the possibility of engaging a legal firm which has the expertise in maritime laws to defend the case on behalf of the State government.
Furthermore, the Secretary has in a communication to the AG, sought the furnishing of documents/reports on the estimated loss (due to the sinking), as assessed by the committees constituted by the State government.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hans India
2 hours ago
- Hans India
Kerala High Court Orders Rs 6 Crore Security Deposit For Release Of Sunken Ship's Sister Vessel
The Kerala High Court has issued a directive preventing the release of a sister vessel belonging to the same fleet as the sunken Liberian ship MSC Elsa 3, unless owners provide a security deposit of Rs 6 crore. This judicial order came in response to a legal petition submitted by six cashew importing companies who suffered losses when their cargo went down with the vessel. The petitioning cashew importers maintained that their valuable consignments were aboard MSC Elsa 3 when it sank off Kerala's coastline on May 25, 2025. Their legal representative, Advocate Joy Thattil, informed the court that proceedings would resume at 1:45 PM on the same day, with expectations that the shipping company would present evidence of the required deposit payment. Kerala police have initiated criminal proceedings against the vessel's ownership, captain, and crew members on charges of reckless navigation. The First Information Report, lodged at Fort Kochi Coastal police station on June 11, invokes multiple provisions of the Bharatiya Nyaya Sanhita, encompassing reckless navigation, negligent handling of dangerous materials, and creating impediments in public waterways. The container ship was transporting 640 containers when it capsized in the Arabian Sea, positioned 14.6 nautical miles from Kerala's shore. Among the cargo were 13 containers containing hazardous substances and 12 carrying calcium carbide, along with substantial quantities of diesel (84.44 metric tonnes) and furnace oil (367.1 metric tonnes). The incident has created widespread environmental concerns, with drifting containers washing ashore across Alappuzha, Kollam, and Ernakulam districts. Local fishing communities have reportedly suffered significant financial losses, with damages estimated in lakhs of rupees due to marine pollution and disrupted fishing activities. Recognizing the severity of the situation, the Kerala government officially classified the MSC Elsa 3 wreckage as a state-specific disaster on May 29, 2025. This designation acknowledges the incident's far-reaching environmental, social, and economic consequences for the region. The government order highlighted particular concerns about potential oil spills and the dispersal of hazardous cargo debris, which pose ongoing risks to marine ecosystems and coastal communities. The complaint initiating the criminal case was filed by C Shamji, a resident of Alappuzha district, reflecting local community concerns about the incident's impact.
New Indian Express
6 hours ago
- New Indian Express
Maritime incidents: Kerala HC asks state to proceed against shipping firms
KOCHI: Expressing concern over repeated maritime incidents off the state's coast, Kerala High Court has directed the state government to proceed against the shipping companies, including by taking actions such as seizing sister vessels. This (the incidents) is costing the public exchequer, said a division bench headed by Chief Justice Nitin Jamdar. 'If these instances keep happening, the burden will be on the state exchequer. It is best to proceed against the companies, and the state can also arrest sister vessels. Slow or no action should not become a precedent... there has to be prompt action. If there is a bigger incident in the future, this action will set a precedent,' it said. '...the state should not leave any stone unturned as far as offenders are concerned.' The bench said the Union and state governments should take all possible action under law. Under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, a collector can file a suit to enforce a maritime lien on a vessel. This lien arises from dues owed to the port, such as charges for using port facilities or damage caused by the vessel to port property. The cost to the public exchequer should be recovered from the persons responsible, the bench added. It sought to know whether the incidents would require the National Investigation Agency (NIA) to step in. Advocate General (AG) Gopalakrishna Kurup informed the court that police have registered an FIR and started an investigation. The AG added that no court can take cognizance of any offence under the Environment (Protection) Act except on a complaint made by the central government or any authorised officer. The court replied that it's for the central and state governments to take action. It also said it will appoint an amicus curiae to assist the court in the matter. The loss of fish resources from pollution and the resulting economic loss must be considered, the bench added.
New Indian Express
6 hours ago
- New Indian Express
Kerala HC issues order to arrest Liberia-flagged vessel anchored at Vizhinjam
KOCHI: Kerala High Court has ordered the arrest of Liberia-flagged MV MSC MANASA F along with its hull, tackle, engine, machinery spares, gear, apparel, paraphernalia, furniture, etc., presently anchored at Vizhinjam Port. The order will remain in effect until a total of Rs 6 crore is deposited by the company in the High Court. Justice MA Abdul Hakhim issued the order on the admiralty suit filed by five exporters who lost their consignment following the shipwreck. Advocate Joy Thattil Ittoop, counsel for the petitioners, submitted that each of them has lost certain containers. The shipping company does not have any movable or immovable properties within the territory of India, and hence, they are entitled to invoke the admiralty jurisdiction of the court for the arrest and detention of the vessel. They submitted that if adequate safeguards are not made till the furnishing of the security, they will be put to irreparable loss and injury. The court made it clear that the Warrant of Arrest would be withdrawn, and the conditional order of arrest would automatically be vacated once the amount is deposited or security is furnished by the company in the court, without any further order.
