Foreign crew members of sunken ship MSC ELSA-3 move Kerala HC for permission to return to home countries

A petition has been moved before the Kerala High Court by seven foreign crew members of the sunken vessel MSC ELSA-3 seeking the return of the passports and permission to return to their home countries [Ivanov Alexander & ors v Union of India & ors].

MSC ELSA-3, is a Liberia-flagged cargo ship carrying diesel, bunker oil, calcium carbide (a reactive chemical) and plastic nurdles, sank off the Kochi coast in May 2025.

The incident led to severe marine pollution.

Lawsuits followed. Those who owned cargo that was aboard the ship filed admiralty suits against MSC Mediterranean Shipping Company SA, the owner of MSC Elsa-3. The State of Kerala sought compensation for pollution damage, environmental restoration and for economic losses suffered by fishermen and coastal communities.

Now, the ship's, Master, Chief Officer, Chief Engineer, Second Engineer, and other crew members from Russia, Ukraine, Georgia, and the Philippines have moved the Kerala High Court alleging that they have been illegally detained in India for over a year now in connection with a criminal case registered in the matter.

The matter was briefly heard by Justice Bechu Kurian Thomas. The Cout has issued notice and sought the response of the Central government, and the Kerala government.

The matter will be considered next on May 29.

The plea before the Court recounts that on May 24, 2025, MSC ELSA-3 began tilting dangerously on one side during its journey from Vizhinjam to Kochi. While 21 crew members were evacuated after abandonment orders were issued, three senior crew members remained on board in an attempt to stabilise the vessel and prevent it from sinking, and to protect and correct the tilting.

The vessel eventually capsized and sank on May 25 around 14.4 nautical miles of the Kochi Coast, after which the remaining crew members were rescued.

The petition stated that after the rescue operation, the Mercantile Marine Department (MMD), Kochi, issued a notice directing that no crew member should leave Kochi without written permission.

Later, the Coastal Police registered an FIR under several provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) in connection with the sinking of the vessel.

The crew members pointed out that, except for a reference to the Master of the vessel, none of them have been individually named as accused in the FIR.

They alleged that their passports were subsequently seized by the police, effectively preventing them from leaving India. They stated that despite cooperating with the investigation, they continued to remain stranded in Kochi for nearly 11 months without any charges being framed against them.

The plea further stated that in August 2025, the Director General of Shipping had allowed 15 members to return to their home countries but excluded the petitioners. Even after multiple letters and emails seeking permission for repatriation on humanitarian grounds, the authorities continued to insist that the petitioners were required for the investigation, the plea adds.

The petitioners contend that they have been detained illegally and that their rights under Article 14 (eight to equality) and 21 (right to life and liberty) of the Indian Constitution are being violated.

"The Petitioners state that they have been detained wrongfully and illegally. The Petitioners have been detained without authority of law. The Petitioners’ right to life and liberty have been taken away arbitrarily and without authority or sanction of law," the petition added.

Thus, the petitioners have sought for quashing of the notices restraining them from leaving Kochi and the communications issued by authorities refusing their repatriation to their home countries.

They have also sought directions for the return of their passports and permission to leave India pending the investigation.

The petition has been moved through advocates Pranoy K Kottaram, Amitava Majumdar, Goenka Ruchir Bikas Chandra, Ashutosh Tiwari, Sivaraman PL, Athul Babu and Sreenand Udayan.