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.
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