KOCHI: Maritime experts have expressed shock at the Kerala government’s decision not to register a criminal case following the sinking of the MSC Elsa 3 cargo ship off the Kochi coast last month.
Details have emerged from the minutes of a May 29 high-level meeting chaired by Chief Minister Pinarayi Vijayan, and attended by Director General of Shipping Shyam Jagannathan and the state chief secretary, in which the state reportedly decided against immediately pursuing legal action against the shipping company involved.
Maritime law expert and former chairman of the Maritime Board, V J Mathew, termed the move “unprecedented”, stating that registering a case would have paved the way for the state to initiate procedures to claim compensation.
“Have we ever heard of authorities/state refraining from filing a case against those involved in an accident due to their close ties? If the chief secretary’s decision, as reported in the media, is indeed accurate, and someone challenges the note in the High Court and the Supreme Court, how will the chief secretary justify it?” Mathew said.
He pointed to a 2016 gazette notification by the central government that authorised one coastal police station per state to exercise jurisdiction up to 200 nautical miles from the coastline. “As per this notification, Fort Kochi Coastal Police have the authority to register a case. The incident can be booked under the Bharatiya Nyaya Sanhita (BNS), the Merchant Shipping Act, the Marpol Convention or the Environment (Protection) Act, given the environmental impact of the wreckage,” he said.
He added that after filing the case, the state should assess damages, including environmental degradation, oil spillage, and the impact on fishermen. If compensation is not paid on demand, another MSC ship can be legally seized to enforce payment.
Sasidharan Kartha, former president of the Kerala Steamer Agents’ Association, echoed the concerns. “It is unusual not to register a case in such an incident, especially considering the potential environmental and economic impact. We are unaware of the exact reason why the government decided against filing an FIR,” he said.
Kartha also emphasised the importance of legal backing when seeking compensation through protection and indemnity (P&I) insurance, which handles liability in the maritime sector. “In most insurance cases, the insurer attempts to minimise the claim. If no case is registered and the compensation offered by the insurer falls short of the state’s estimate, the entire process could be compromised. Registering a case enables the state to pursue legal recourse against the shipping company, if necessary,” he added.
‘Unprecedented’
Maritime experts term Kerala government’s decision not to register a criminal case “unprecedented”
Say that registering a case would have paved the way for the state to initiate procedures to claim compensation
