Kerala HC asks Centre to explore deploying Navy to assess seabed damage due to MSC Elsa-3 shipwreck

The Kerala High Court on Tuesday directed the Union government to examine whether the Indian Navy can be deployed to assess the seabed damage caused by the shipwreck of MSC Elsa-3 [TN Prathapan v Union of India & ors and connected cases].

The vessel's sinking near the Kerala coast had led to hazardous cargo and oil spills.

A Division Bench of Justice Raja Vijayaraghavan V and Justice KV Jayakumar has now directed the Union government to examine if the Navy can be deployed to assess the environmental impact of the shipwreck on the seabed.

"The ASGI shall get instructions from 2nd respondent (Ministry of Defence) as to whether navy can be employed to ascertain any wreck is lying in seabed," the Court said.

The Court passed the direction while hearing public interest litigation (PIL) petitions which seek compensation, environmental restoration and accountability for coastal damage left behind due to such maritime mishaps.

The Court today questioned why the Union government was delaying the filing of an action-taken report on the MSC Elsa-3 shipwreck.

Additional Solicitor General of India (ASGI) P Sreekumar replied that the Centre was awaiting the outcome of the ongoing investigation before taking further steps.

The Court noted that there were already some reports on record about the impact of the shipwreck.

The sunken vessel's owner, the Mediterranean Shipping Company (MSC), had referred to reports that concluded that the wreck and containers lying on the seabed did not constitute a navigational hazard or an ongoing environmental threat.

On the other hand, the Directorate General of Shipping (DGS), in a counter affidavit, earlier stated that sunken containers posed environmental concerns. The DGS added that the vessel carried hazardous cargo, including calcium carbide, covered under the International Maritime Dangerous Goods (IMDG) Code.

The ASGI today added that reports of the MSC could not be conclusively accepted since they were prepared by private consultants engaged by the vessel.

"We need to compare it with our field study. We cannot rely on it. Please grant us time till July 30," he said.

The Court, in turn, pointed out that the Central government could speed up its verification exercise by deploying the Indian Navy to carry out an assessment.

It referred to an amicus curiae's report, which had mentioned that the Indian Navy possessed diving, Remotely Operated Vehicle (ROV) and salvage expertise, along with the INS Nistar (the navy's indigenously designed Diving Support Vessel). The Navy is, therefore, capable of conducting complex saturation diving operations, the Court noted.

The Court proceeded to direct the ASGI to get instructions on whether the Indian Navy could be deployed to find out the present condition of the wreck lying on the seabed.

The Bench also observed that the National Institute of Oceanography (NIOS), too, had been tasked with conducting an environmental damage assessment and a long-term study on the impact of the shipwreck. However, the same was not enough to determine whether the report submitted by MSC's consultants is reliable, the Court observed.

"We have no doubt in our mind that an independent expert agency, or a scientific consultant, should be engaged to verify the findings contained in the report relied on by the 12th respondent (MSC)," the Court said.

The Court will hear the case next in August. It has also sought independent counter affidavits from various respondents other than the Central government by then.

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