The Kerala High Court on Monday heard a petition filed by seven foreign crew members of the sunken vessel MSC Elsa 3. The crew have sought the return of their passports and permission to leave India.

The crew members have sought the return of their passports and permission to leave India.

The petitioners have stated before the court that they have remained in Kochi for an extended period while cooperating with investigations connected to the sinking of the vessel.

Court raises fair trial concerns and liberty issues

Justice Bechu Kurian Thomas observed that the continued presence of the crew members in India was impacting fair trial considerations. The court noted that such procedural issues must not interfere with the broader requirements of justice.

The judge stated that the core issue before the court relates to personal liberty and the right to life. He indicated that any requirement for the crew’s presence could be managed through suitable conditions, including directions ensuring their appearance whenever required or for giving evidence.

The court also indicated that securing testimony through such conditions would be sufficient, rather than insisting on physical presence throughout the proceedings.

The judge added that he would examine the applications in detail and pass orders the following day.

Directions issued on investigation timeline and procedural delay

Additional Solicitor General of India informed the court that an application under Section 360 of the Merchant Shipping Act had been filed on 12 September 2025 before the Judicial First Class Magistrate Court, Thoppumpady. The application seeks investigation into the incident related to the sinking of MSC Elsa 3.

The High Court directed its registry to obtain instructions from the magistrate court regarding the reasons for delay in initiating the investigation following the application. It also sought a complete record of proceedings from the date of receipt of the application until the present stage.

The court further ordered that a report be submitted without delay, setting out a clear timeline for completion of the investigation.

It also asked the report to clarify whether the scheduled examination of the vessel’s Master and Chief Engineer, currently set for 27 June 2026, could be advanced to an earlier date.

Court indicates possible conditional release of crew members

Justice Thomas orally indicated that the court was inclined to release some of the crew members, subject to conditions that may be imposed to ensure their availability when required.

He noted that the final decision would depend on the magistrate’s report.

The court stated that orders on the applications relating to petitioners 5, 6 and 7 would be passed on Tuesday after reviewing the counter-affidavits. The cases involving petitioners 2 and 4 would be considered after the magistrate’s report is received.

The matter is scheduled for further orders.