Kerala HC tells 4 foreign crew members of MSC Elsa 3 to approach trial court for permission to leave India

The Kerala High Court has directed four foreign crew members of MSC ELSA-3 to leave India to approach a trial court in Thoppumpady for permission to leave India, amid travel restrictions imposed on them in connection with a case registered after the ship sank near Kerala's coast [Ivanov Alexander & ors v Union of India & ors].

Justice Bechu Kurian Thomas passed the order after noting that the trial court has now taken cognisance of the case in connection with which the travel restrictions were earlier imposed by investigating authorities.

"Since cognizance has already been taken, petitioners 1 to 4, who are arrayed as accused in the said crime, are at liberty to approach the learned Magistrate either on receipt of summons or by filing petition to advance the case and seek appropriate reliefs," the Court's June 15 order said.

The Court passed the order while considering a petition filed by seven foreign crew members of MSC Elsa-3 who sought the return of their passports and permission to return to their home countries.

The Liberia-flagged cargo ship carrying diesel, bunker oil, calcium carbide and plastic nurdles, sank off the Kochi coast in May 2025.

The incident triggered environmental concerns and led to multiple investigations by maritime and police authorities as well as lawsuits.

The petitioners were among the crew members who remained in India since the incident. They were issued a notice directing that no crew member should leave Kochi without permission.

Some crew members were eventually allowed to leave India, while others were asked to stay back.

The seven petitioners before the Court alleged that they were illegally detained in India for over a year in connection with investigation arising from the sinking of the ship.

Last week, the Court had permitted three crew members, an electro-technical officer, a seaman and a motorman, to leave India, provided they cooperate with investigation as and when required.

The remaining four petitioners were the vessel's master, chief officer, chief engineer and second engineer.

On June 15, the crew members' counsel informed the Court that the vessel's master and the chief engineer had already appeared before the Judicial First Class Magistrate Court (JFCM) which is hearing proceedings initiated under the Merchant Shipping Act to investigate the casualties caused by the sinking of the ship.

The State informed the Court that certain defects noted earlier in the police report have now been corrected and the case is slated to be heard by the trial court.

In view of these developments, the High Court observed that the remaining foreign crew members could approach the magistrate court for further relief, either after receiving summons or by filing an appropriate petition.

The petition has been listed for further hearing by the High Court on June 30.

Senior counsel Grashious Kuriakose appeared for the crewmembers.

Additional Solicitor General of India P Sreekumar represented the Union Ministry of Ports, Shipping and Waterways.

Government pleader Parvathy Koottolil represented the State.

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

[Read order]