KOCHI: Expressing concern over repeated maritime incidents off the state’s coast, Kerala High Court has directed the state government to proceed against the shipping companies, including by taking actions such as seizing sister vessels.
This (the incidents) is costing the public exchequer, said a division bench headed by Chief Justice Nitin Jamdar. “If these instances keep happening, the burden will be on the state exchequer. It is best to proceed against the companies, and the state can also arrest sister vessels. Slow or no action should not become a precedent... there has to be prompt action. If there is a bigger incident in the future, this action will set a precedent,” it said. “...the state should not leave any stone unturned as far as offenders are concerned.”
The bench said the Union and state governments should take all possible action under law. Under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, a collector can file a suit to enforce a maritime lien on a vessel. This lien arises from dues owed to the port, such as charges for using port facilities or damage caused by the vessel to port property.
The cost to the public exchequer should be recovered from the persons responsible, the bench added. It sought to know whether the incidents would require the National Investigation Agency (NIA) to step in.
Advocate General (AG) Gopalakrishna Kurup informed the court that police have registered an FIR and started an investigation. The AG added that no court can take cognizance of any offence under the Environment (Protection) Act except on a complaint made by the central government or any authorised officer.
The court replied that it’s for the central and state governments to take action. It also said it will appoint an amicus curiae to assist the court in the matter. The loss of fish resources from pollution and the resulting economic loss must be considered, the bench added.