The Kerala government Today (June 19) told the High Court that it plans to file a legal case against the MSC Mediterranean Shipping Company after its ship MSC Elsa-3 sank near Alappuzha. The incident raised serious concerns about pollution, marine life damage, and fisherfolk losses.
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Kochi: The Kerala government told the Kerala High Court that it wants to file a legal case called an “admiralty suit” against MSC Mediterranean Shipping Company SA.
This company owns the ship MSC Elsa-3, which recently sank in the sea close to the Kerala coast. This sinking has caused worries about sea pollution and money loss for the State.
The government gave this information to a Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji. The court was looking into a public interest case (PIL) filed by Congress leader and ex-Member of Parliament TN Prathapan.
The PIL asked the court to make sure that there is proper compensation for the damage, cleaning of the sea and coast, and legal action after the sinking of the Liberia-flagged cargo ship on May 24.
The ship sank nearly 25 kilometers southwest of Alappuzha district in Kerala.
“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,”
-the Court said in its official order.
The State also said that its Disaster Management Department has made a special Committee to talk about compensation. This includes money for pollution clean-up, fixing the damaged coastline, restoring the marine environment, and covering the losses faced by fishermen and tourist areas on the Kerala coast.
However, the Court felt that such discussions on compensation may create problems if the State is also planning to use the Court’s admiralty power to take legal action.
So, the Court ordered that the Committee’s talks should be put on hold for now.
“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,”
-the Court explained in its order.
MSC Elsa-3 was travelling from Vizhinjam to Kochi when it sank. It was carrying diesel, bunker oil, calcium carbide (a dangerous chemical), and plastic pellets (nurdles). These materials leaked into the sea, raising fears of serious water pollution and harm to marine life and the coastal fishing economy.
TN Prathapan, who is now Chairman of the Kerala Fishermen Coordination Committee, said in his PIL that government agencies like the State Pollution Control Board didn’t take early action. This was despite having clear duties under the Kerala State Disaster Management Plan, 2016.
In earlier hearings, the Court had said that the State must quickly take legal steps against those responsible for the sinking of both MSC Elsa-3 and another ship, WAN Hai-503.
The Court also said the State should not use public money to fix the damage caused by the sinking. Instead, the cost should be recovered from the shipping companies.
Now, the State has filed an affidavit (official statement) saying what steps it plans to take under the Environment (Protection) Act. It also said that the Special Secretary of the Environment Department has been made the main Disaster Impact Assessment Officer. Also, the Fisheries Minister has called a meeting with all stakeholders.
Prathapan’s lawyer asked the Court to direct the Central Government to watch over clean-up efforts at the spill site. But the Court was not in favor of that request.
“We don’t want to upset the morale of those who are already working there”
-Chief Justice Jamdar said during the hearing.
The Court will hear the matter again in detail on July 2.
The PIL was filed by advocates V Harish, CR Rekhesh Sharma and Rajan Vishnuraj.
CASE TITLE:
TN Prathapan v. Union of India & Ors.
YESTERDAY IN HC ON RELATED MATTER
The Kerala High Court Yesterday (June 18) conditionally ordered the arrest of the cargo ship MSC Polo-II. This action is related to a legal complaint filed by Sans Cashew India Pvt. Ltd., which claimed that its cargo of raw cashew nuts was lost when a sister ship, MSC Elsa-3, sank near Alappuzha coast.
Justice M.A. Abdul Hakhim issued this arrest order after hearing an admiralty suit (a special case related to shipping and sea matters) filed by the cashew trading company.
The ship MSC Polo-II is operated by the same global shipping group – MSC Mediterranean Shipping Company SA.
Why Was the Ship Arrested?
Sans Cashew India Pvt. Ltd. reported that their cargo of raw cashew nuts was lost in the sinking of MSC Elsa-3. Since the shipping company has no offices or property in India, the company asked the Court to arrest another ship from the same operator to secure compensation.
The Court agreed and ordered the arrest of MSC Polo-II, which is currently sailing under the Liberian flag and is expected to arrive at Vizhinjam Port in Kerala soon.
Security Deposit Ordered by the Court
The Court has asked the ship’s owners or other interested parties to deposit Rs 74 lakh with the High Court as security. This money will be held in case the cargo claim is proven.
Once the deposit is made or some other approved security is provided, the ship will be released automatically without the need for another order.
Similar Action Last Week
This is not the first such case. Just last week, the High Court had also ordered the conditional arrest of another MSC-operated ship, MSC Manasa-F, for similar reasons.
That case involved five other cargo owners and secured nearly Rs 6 crore in court.
Next Court Hearing and Lawyers Involved
The matter will be taken up again on June 23.
The cashew company was represented by Senior Advocate V.J. Mathew along with advocates Vipin P. Varghese, Adarsh Mathew, Merline Mathew, Anirudh G. Kamath, Agustho Norbert, Anna B, and Megha Madhavan.
The shipping company was represented by Advocate Pranoy Kottaram.
CASE TITLE:
Sans Cashew India Private Limited vs Owners and Parties interested in the vessel MV MSC Polo II (IMO 9139086).
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