Ship mishaps: Kerala High Court calls for strict action against owners of MSC ELSA-3, WAN HAI 503

The Kerala High Court on Thursday stressed that the State must promptly take legal action against those responsible for two recent mishaps near the coast of Kerala involving the ships, MSC ELSA-3 and WAN HAI 503 [TN Prathapan v. Union of India & Ors.]..The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji added that the State should refrain from spending public money to address the environmental or other losses which followed these incidents, and should instead recover damages from the shipping companies. "The loss of fish because of pollution and resulting economic loss has to be considered. You need not keep spending on the public exchequer money, recover it from the company," Chief Justice Jamdar said. .The Court also warned that if the government was slow to take action on such issues, it could set a bad precedent. Representing the Kerala government, Advocate General K Gopalakrishna Kurup told the Court that the State has registered a criminal case and that the investigation has commenced. "It's for the Central and State governments to take action. We don't want a situation where the lack of procedural aspects regarding against whom these FIRs are registered raises some legal issue. That you examine," the Court replied. It added that the government should contemplate initiating civil action as well, in addition to the criminal case. "All possible measures must be taken," the Court ordered. .By way of background, Liberia-flagged cargo ship MSC ELSA-3 sank on May 24 near the Alappuzha coast in Kerala. This triggered widespread concern over marine pollution and the livelihoods of coastal fishing communities, as hazardous materials were released into the sea with the ship's sinking.More recently, the vessel WAN HAI 503, which was carrying 1,754 containers including flammable liquids, corrosive substances, and pesticides, caught fire near Kannur - again leading to concerns about environmental pollution..These incidents led former Member of Parliament TN Prathapan to move the High Court with a public interest litigation (PIL) plea, urging the Court to issue directions to secure compensation for affected communities.He sought directions to clean up hazardous substances left behind by the two ships and to ensure the enforcement of environmental and maritime laws..The Court noted that both the Central and the State governments had powers under several laws - including the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, the Territorial Waters and Maritime Zones Act, 1976, and the Merchant Shipping Act, 1958 - to take civil and criminal action against offending vessels and their owners."For undertaking the remedial measures for environmental damages and providing assistance to the affected citizens, a substantial amount from the public exchequer will have to be, and is being spent. However, there are various statutory provisions and International Conventions which will enable the Government to proceed against the offending vessel and its owners through both, criminal and civil action, and recover damages," the Court noted.The Court added that there was an urgent need for coordinated action by both the Central and State governments to tackle marine pollution and take legal action in such matters. .It also recorded the State's submission that an FIR had been registered by the Fort Kochi Police against the vessel's owner and crew under various provisions of the Bharatiya Nyaya Sanhita, 2023.Interim relief, in the form of money and rice, has been extended to fishermen, the Court was further told.The State added that firefighting and search operations are being undertaken to tackle the fire that broke out on WAN HAI 503, but the risk of environmental damage remains high.The Court has called for a detailed status report from the authorities by June 19, 2025, when the case will be heard next. It also appointed advocate Arjun Sreedhar as amicus curiae to assist the Court in the matter..The PIL was filed through advocates V Harish, CR Rekhesh Sharma and Rajan Vishnuraj.Advocate TV Vinu represented the Union of India.Advocate General K Gopalakrishna Kurup appeared for the state.Advocate T Naveen represented Kerala State Pollution Control Board and advocate Vipin P Varghese appeared for the Vizhinjam International Seaport Ltd..[Read live coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.