Kerala High Court Calls for Examination of Navy Deployment
The Kerala High Court has directed the Union government to consider deploying the Indian Navy to evaluate the impact on the seabed caused by the shipwreck of the MSC Elsa-3. This directive was issued in the context of the case TN Prathapan v Union of India & ors and related matters. The incident involving the vessel’s sinking near the Kerala coast has resulted in hazardous cargo and oil spills, prompting environmental concerns.
A Division Bench comprising Justice Raja Vijayaraghavan V and Justice KV Jayakumar has requested the Ministry of Defence to assess the feasibility of involving the Navy to determine the environmental repercussions of the shipwreck on the seabed. The Court emphasized, "The ASGI shall get instructions from the 2nd respondent (Ministry of Defence) as to whether the Navy can be employed to ascertain if any wreck is lying on the seabed."
Public Interest Litigation and Government Response
This direction was given during the hearing of public interest litigation (PIL) petitions seeking compensation, environmental restoration, and accountability for the coastal damage caused by the maritime accident. The Court expressed concern over the delay by the Union government in filing an action-taken report regarding the MSC Elsa-3 shipwreck.
Additional Solicitor General of India (ASGI), P Sreekumar, informed the Court that the Centre was awaiting the outcome of ongoing investigations before proceeding further. However, the Court noted the availability of some reports on the shipwreck’s impact.
Conflicting Reports on Environmental Threat
The Mediterranean Shipping Company (MSC), the owner of the sunken vessel, cited reports suggesting that the wreck and containers on the seabed did not pose a navigational hazard or ongoing environmental risk. Conversely, the Directorate General of Shipping (DGS) stated in a counter affidavit that the sunken containers presented environmental concerns. Notably, the vessel was carrying hazardous cargo, including calcium carbide, categorized under the International Maritime Dangerous Goods (IMDG) Code.
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The ASGI further remarked that MSC’s reports, prepared by private consultants, could not be conclusively accepted without comparison to field studies. "We need to compare it with our field study. We cannot rely on it. Please grant us time till July 30," he requested.
Navy’s Expertise in Salvage Operations Highlighted
The Court suggested that the Central government’s verification process could be expedited by utilizing the Indian Navy’s expertise. As noted in an amicus curiae report, the Navy possesses capabilities in diving, Remotely Operated Vehicle (ROV), and salvage operations, utilizing assets like the INS Nistar, an indigenously designed Diving Support Vessel. The Navy is thus well-equipped to conduct complex saturation diving operations.
The Bench further directed the ASGI to obtain guidance on whether the Navy could be tasked with evaluating the current state of the wreck on the seabed. Additionally, the National Institute of Oceanography (NIOS) has been assigned to conduct an environmental damage assessment and a long-term study on the shipwreck’s impact, although the Court deemed this insufficient to validate the MSC’s consultant reports.
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"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 upon by the 12th respondent (MSC)," the Court observed.
The case is slated for further hearing in August, with independent counter affidavits from various respondents, aside from the Central government, expected by then.
