Kerala High Court’s Directive to MSC ELSA-3 Crew
The Kerala High Court has issued a directive to four foreign crew members of the cargo ship MSC ELSA-3, advising them to approach the trial court in Thoppumpady to seek permission to leave India. This directive comes amid travel restrictions imposed in relation to a case concerning the ship’s sinking near the coast of Kerala. The legal case, Ivanov Alexander & ors v Union of India & ors, has seen significant developments as the trial court has now taken cognizance of the matter.
Justice Bechu Kurian Thomas’s Ruling
Justice Bechu Kurian Thomas, who presided over the matter, noted that since the trial court has acknowledged the case, the four petitioners, who are accused in the related crime, can either wait for a summons or file a petition for advancing their case to seek suitable relief. The Court’s order dated June 15 highlighted this procedural option for the accused crew members.
Background of the Case
This order was part of a petition filed by seven foreign crew members of MSC ELSA-3, who requested the return of their passports and permission to return to their respective countries. The MSC ELSA-3, flying under the Liberian flag, was a cargo ship carrying diesel, bunker oil, calcium carbide, and plastic nurdles when it sank off the Kochi coast in May 2025. Environmental concerns and legal investigations followed the incident, involving both maritime and police authorities.
While some crew members were allowed to leave India, others, including the petitioners, were detained pending investigations. The petitioners argued that this constituted illegal detention. Previously, the Court had allowed three crew members, including an electro-technical officer, a seaman, and a motorman, to depart India provided they continue to cooperate with ongoing investigations.
Current Legal Proceedings
The remaining four petitioners, who hold key roles on the vessel as master, chief officer, chief engineer, and second engineer, were advised by the High Court to make their case before the Judicial First Class Magistrate Court (JFCM). The JFCM is currently overseeing proceedings under the Merchant Shipping Act concerning the ship’s sinking. The crew members’ counsel informed the High Court that the master and the chief engineer have already appeared before the JFCM.
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In light of these legal proceedings, the State reported that earlier defects in the police report have been amended, allowing the trial court to proceed with the hearing. Therefore, the High Court suggested that the remaining crew members could seek further relief from the magistrate court.
Legal Representation
Senior counsel Grashious Kuriakose appeared on behalf of the crew members, while Additional Solicitor General of India P Sreekumar represented the Union Ministry of Ports, Shipping and Waterways. The State was represented by government pleader Parvathy Koottolil. The crew’s petition was facilitated by advocates Pranoy K Kottaram, Amitava Majumdar, Goenka Ruchir Bikas Chandra, Ashutosh Tiwari, Sivaraman PL, Athul Babu, and Sreenand Udayan.
The High Court has scheduled the next hearing for June 30.
