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Delay in filing FIR in shipwreck case will hurt State's interest, says maritime law expert
Delay in filing FIR in shipwreck case will hurt State's interest, says maritime law expert

The Hindu

time29-05-2025

  • The Hindu

Delay in filing FIR in shipwreck case will hurt State's interest, says maritime law expert

Delay in registering an FIR in connection with the sinking of the container vessel MSC ELSA 3 will harm the interests of the State, maritime law expert V.J. Mathew has said. Mr. Mathew, vice-president of the Indian Maritime Law Association and former chairman of the Kerala Maritime Board, says for any meaningful investigation to take place into the accident, the police have to first register an FIR. According to him, the question of jurisdiction does not arise in this case as a notification issued by the Union government in June 2016 gives one police station in each coastal State jurisdiction extending to the exclusive economic zone (200 nautical miles) for investigating offences. The Fort Kochi coastal police station is the designated station for Kerala and it can register an FIR in this instance, he told The Hindu. Relevant Sections of the Bharatiya Nyaya Sanhita, dealing with rash and negligent navigation and acts endangering life and personal safety, the Environmental Protection Act, and the Merchant Shipping Act can be invoked in this instance. While the State government has designated the shipwreck a State-specific disaster considering its socio-economic and ecological implications, Mr. Mathew says that, in reality, all costs on account of the accident and its consequences must be recovered from the owner of the vessel. Such expenses will include the cost of organising clean-ups, removal of the drifting and beached containers, and the compensation to fishers whose livelihood has been affected. The Navy and the Coast Guard also have spent public money on the rescue effort which has to be recovered, he says. 'It is not a natural disaster. The Mercantile Marine Department has pointed to technical and operational defects,' he pointed out. He also underlined the need to make public the cargo manifest of the vessel in the interests of transparency and public safety.

All sea-going services suspended as heavy rain batters Kochi
All sea-going services suspended as heavy rain batters Kochi

New Indian Express

time27-05-2025

  • New Indian Express

All sea-going services suspended as heavy rain batters Kochi

KOCHI: Even as the Kerala Shipping and Inland Navigation Corporation (KSINC) denied reports of its sea-going cruise vessel 'Nefertiti' sailing dangerously in the rough sea the other day, the adverse weather has forced the authorities to indefinitely suspend all sea-going services. This after the Cochin Port Authority (CPT) denied permission for operators to sail beyond the Vypeen Ghat citing adverse weather conditions for the second straight day. Luxury vessels, including that of major private operators like 'Neo Classic Cruise & Tours Pvt Ltd' and 'Minar Cruise' didn't operate their sea-going services. 'Nefertiti' and other sea-going vessels of KSINC including 'Sooryamshu' and 'Sagararani' also didn't conduct services. 'We didn't operate the vessel on Monday despite having advance bookings on all days till May 31, following the issuance of adverse weather warning alerts. The services tomorrow (Tuesday) too remain cancelled,' a KSINC spokesperson told TNIE. Nefertiti is allowed to sail 12 nautical miles (nearly 22 kms) into sea only till May 31. The sea-going services won't be conducted during the monsoon season – June, July and August. Meanwhile, the KSINC denied reports that it operated the sea-going ship in violation of the restrictions placed by the port authorities on Sunday. 'Nefertiti is a cruise ship registered under the 'M S Class 6' (Merchant Shipping Act) and is capable and legally allowed to sail up to 20 nautical miles into the sea. However, it sails only up to 12 nautical miles to avoid taking the Immigration Clearance of the Cochin Port,' KSINC said in a statement, while denying that it operated dangerously on Sunday. 'On the said day, the ship sailed only after receiving the nod of the Cochin Port and travelled only two nautical miles from the LNG terminal and returned since the sea was rough. Also there was no situation that forced the ship to anchor in the sea,' it added. The private operators too are currently not taking advance bookings for their sea-going services, especially the popular sun-set tours in the evening.

Preliminary indications suggest wrong ballast operations could have led to sinking of MSC Elsa 3, ET Infra
Preliminary indications suggest wrong ballast operations could have led to sinking of MSC Elsa 3, ET Infra

Time of India

time27-05-2025

  • General
  • Time of India

Preliminary indications suggest wrong ballast operations could have led to sinking of MSC Elsa 3, ET Infra

Advt Advt By , ETInfra MUMBAI: Liberia, where the container ship MSC Elsa 3 that capsized and sank off the coast of Kochi on May 25 is registered, has conveyed to the Indian government in writing that it will not participate in the maritime casualty investigation , multiple sources said.'So, under India's Merchant Shipping Act, the Directorate General of Shipping, the maritime administration, will start a full-fledged maritime casualty investigation,' a government source it is the responsibility of the flag state of the ship (where the ship is registered) to conduct the casualty investigation irrespective of the location where the mishap has happened, according to international law and the Casualty Investigation Code of the International Maritime Organization (IMO), the UN agency tasked with regulating global is not known why Liberia chose not to participate in the casualty investigation involving MSC Elsa 3, a 28-year-old container ship owned by Mediterranean Shipping Company S. A., the world's largest container carrier by capacity and classed with authorities believe that 'wrong ballast operations ' that was not in consonance with load convention and stability calculations, could have led to the sinking of the ship that was enroute from Vizhinjam port to Cochin port Ballast operations involve using water in specialised tanks to manage a ship's stability, weight distribution, and buoyancy, which is crucial for safe navigation and cargo handling.'How can a ship, within 100 nautical miles from the coast, have a 5 percent tilt, which goes to 22 per cent and then 26 per cent before sinking,' said the source mentioned government has deployed four specialised oil spill containment vessels of the Indian Coast Guard to check potential oil spill from the sunken ship.'The problem now is the salvage response,' the source said. Mediterranean Shipping Company has been working with T&T Salvage , a US-based salvage and marine firefighting service provider.'Indian authorities have asked T&T for a salvage plan which is yet to be received,' the source 20 containers from the sunken ship have beached at different spots in Kerala and hundred others that are afloat could also hit the shores soon.'We are trying to deploy tugs and smaller boats to keep them off the coast,' the source Shipping Company is yet to make a statement on the incident.

Operation Sindoor: Kolkata Port Enhances Security Amid National Alert
Operation Sindoor: Kolkata Port Enhances Security Amid National Alert

News18

time09-05-2025

  • Business
  • News18

Operation Sindoor: Kolkata Port Enhances Security Amid National Alert

Last Updated: Chaired by Rathendra Raman, Chairman of SMPK, the meeting included key officials, including CISF and departmental heads Amid the India-Pakistan tension, Syama Prasad Mookerjee Port, Kolkata (SMPK), under the Ministry of Ports, Shipping and Waterways (MoPS&W), has escalated its security protocols following a high-level virtual meeting chaired by TK Ramachandran, Secretary, MoPS&W. Chaired by Rathendra Raman, Chairman of SMPK, the meeting included key officials, including CISF and departmental heads. The key measures announced include: Security Level Raised to 2: Increased vigilance across port premises and waterways, with strict reporting of any suspicious activity. Staff Availability: Leave for all employees, including contractual staff, stands cancelled from May 10-14, 2025. All must remain at headquarters, including on weekly offs. Cybersecurity Reinforcement: Enhanced protocols under CISO's guidance, with detailed instructions to follow. Emergency Preparedness: Regular drills to be conducted; port operations will cease during blackouts. Access Control: Only valid permit or ID holders will be allowed entry, with strict enforcement by CISF and PSO. Chairman Raman emphasised SMPK's commitment to safety and operational continuity, aligning with directives from MoPS&W and DG Shipping. SMPK remains dedicated to maintaining secure port operations during this heightened alert, he said. Amid the escalating tension between India and Pakistan, New Delhi has banned Pakistan-flag merchant vessels at Indian ports. The order also mentions that Indian ships too will not be allowed to go to any port in the neighbouring country. 'This order is issued to ensure safety of Indian assets, cargo and connected infrastructure, in public interest and for interest of Indian shipping," the Directorate General of Shipping said, adding that the order shall come into force with immediate effect and remain in force till further order. The ministry of ports, shipping and waterways stated that the impositions have been placed under Section 411 of the Merchant Shipping Act, 1958. First Published: May 09, 2025, 20:02 IST

HC: Strictly stop banned methods to net sea catch
HC: Strictly stop banned methods to net sea catch

Time of India

time08-05-2025

  • Time of India

HC: Strictly stop banned methods to net sea catch

Panaji: The high court on Thursday told the director of fisheries, the Goa coastal police force, and the Coast Guard to strictly enforce the ban on LED fishing, bull trawling, and pair trawling. The division bench, comprising justices M S Karnik and Valmiki Menezes, ordered the directorate of fisheries and Goa coastal police to maintain a dedicated mobile number and an email ID for receiving complaints from the public and to widely publicise the number and the email ID. 'The phone number/helpline shall be made available 24 hours a day with a responsible officer monitoring the same, to ensure prompt action in the event of a complaint being received with regard to illegal fishing in any banned operations under the Act or Ban Order 2017,' the HC said. It further directed every complaint to be entered into a register along with a report on the action taken. The HC called for inspections to be carried out on fishing vessels arriving and departing from all six fishing jetties in Goa, as well as at private jetties. Operation Sindoor Operation Sindoor: Several airports in India closed - check full list Did Pak shoot down Indian jets? What MEA said India foils Pakistan's attack on Jammu airport: What we know so far The authorities, the HC said, must immediately suspend registrations under the Merchant Shipping Act/Inland Vessels Act along with fishing permits for those conducting such banned fishing operations. The court observed that Goa coastal police have practically no operational interceptor boats and rely on small crafts that are unable to patrol the 100 nautical mile coastline of Goa. Citing this 'sorry state of affairs', the HC directed Goa coastal police and the Goa home department to immediately procure interceptor boats in the shortest possible time to plug this gap. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Google Brain Co-Founder Andrew Ng, Recommends: Read These 5 Books And Turn Your Life Around Blinkist: Andrew Ng's Reading List Undo There is 'no enforcement machinery worth the name in place to carry out statutory duties cast upon Goa coastal police of enforcement of law within the territory assigned to them,' the HC observed. Goa coastal police at present have only one operational interceptor boat, which has to cover a coastline of 110km and a breadth of 12 nautical miles of the sea, the HC observed. It also pointed out that most coastal police stations are grossly understaffed and that there is a dire need to augment the number of officers and personnel. Panaji: The high court on Thursday told the director of fisheries, the Goa coastal police force, and the Coast Guard to strictly enforce the ban on LED fishing, bull trawling, and pair trawling. The division bench, comprising justices M S Karnik and Valmiki Menezes, ordered the directorate of fisheries and Goa coastal police to maintain a dedicated mobile number and an email ID for receiving complaints from the public and to widely publicise the number and the email ID. 'The phone number/helpline shall be made available 24 hours a day with a responsible officer monitoring the same, to ensure prompt action in the event of a complaint being received with regard to illegal fishing in any banned operations under the Act or Ban Order 2017,' the HC said. It further directed every complaint to be entered into a register along with a report on the action taken. The HC called for inspections to be carried out on fishing vessels arriving and departing from all six fishing jetties in Goa, as well as at private jetties. The authorities, the HC said, must immediately suspend registrations under the Merchant Shipping Act/Inland Vessels Act along with fishing permits for those conducting such banned fishing operations. The court observed that Goa coastal police have practically no operational interceptor boats and rely on small crafts that are unable to patrol the 100 nautical mile coastline of Goa. Citing this 'sorry state of affairs', the HC directed Goa coastal police and the Goa home department to immediately procure interceptor boats in the shortest possible time to plug this gap. There is 'no enforcement machinery worth the name in place to carry out statutory duties cast upon Goa coastal police of enforcement of law within the territory assigned to them,' the HC observed. Goa coastal police at present have only one operational interceptor boat, which has to cover a coastline of 110km and a breadth of 12 nautical miles of the sea, the HC observed. It also pointed out that most coastal police stations are grossly understaffed and there is a dire need to boost the number of officers and personnel.

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