Kerala govt to invoke admiralty law against MSC in shipwreck fallout

Kochi: The Pinarayi Vijayan-led Kerala government has informed the Kerala High Court of its decision to file an admiralty suit against MSC Mediterranean Shipping Company SA, the owner of MSC Elsa-3, which sank off the state’s coast recently.

The submission was made on Thursday during the hearing of a public interest litigation (PIL) filed by Congress leader and former Thrissur MP T.N. Prathapan. The petition seeks court intervention for proper compensation, environmental restoration, and legal action in connection with the shipwreck.

The Liberian-flagged cargo vessel sank on May 24, approximately 25 km southwest of Alappuzha.

Court records state's decision

The court order noted, “The state has stated that it has decided to file an admiralty suit against the respondent company, including the arrested sister vessel. It is also stated that the state is at present awaiting response on claim settlement undertaken by the Director General of Shipping.”

Compensation talks initiated, but deferred

The government also submitted that its Disaster Management Department has set up a committee to negotiate compensation for pollution-related damage, including coastal restoration, marine clean-up, and loss to fishermen and recreational sites.

However, the High Court expressed concern over parallel negotiation efforts. It directed the state to defer the talks until the court hears the matter in detail, stating: “Various questions would arise whether such a negotiation would result in the agreement with the respondent company, whether it will have transparency, and whether the jurisdiction of this Court would be affected once the admiralty jurisdiction is invoked by the State.”

Ship's contents and environmental impact

At the time of its sinking, MSC Elsa-3 was transporting diesel, bunker oil, calcium carbide, and plastic nurdles from Vizhinjam to Kochi. The incident raised serious concerns about marine pollution and its potential impact on coastal communities dependent on fishing.

Prior court observations

In earlier hearings, the court had underlined the need for prompt legal action against those responsible for the sinking of MSC Elsa-3 and another vessel, WAN Hai-503. It also observed that public funds should not be used for environmental clean-up and that damages must be recovered from the concerned shipping firms.

With the state’s affidavit outlining steps under the Environment (Protection) Act now submitted, the High Court has posted the case for further hearing on July 2.