The Kerala High Court has granted permission for three of the seven foreign crew members of the sunken vessel MSC ELSA-3 to return to their home countries, subject to specific conditions. This decision came in response to a petition filed by the crew members, who were seeking the return of their passports and leave to return home, citing alleged illegal detention in India for over a year.
The case, titled Ivanov Alexander & ors v Union of India & ors, saw Justice Bechu Kurian Thomas preside over the proceedings. The judge acknowledged the possibility of allowing some crew members to leave India, provided conditions were in place to guarantee their cooperation in future investigations.
On Tuesday, the court allowed an electro-technical officer, a seaman, and a motorman from MSC ELSA-3 to depart India. Conditions for their release include executing a simple bond before the Judicial First Class Magistrate in Kochi/Thoppumpady, providing a bank guarantee of ₹1 lakh, and submitting permanent contact details with an undertaking to appear online when required as witnesses.
However, the court denied the remaining crew members permission to leave, emphasizing the need for their participation in ongoing investigations. “Persons named in the preliminary inquiry report must be involved in the investigation concerning the sinking of MSC ELSA-3. Departure cannot be granted until their examination is complete,” the court stated.
The court further remarked on the non-binding nature of the International Maritime Organisation’s Guidelines on Fair Treatment of Seafarers, stating that they do not warrant immediate departure for the remaining petitioners.
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The incident involving MSC ELSA-3, a Liberian-flagged cargo vessel carrying diesel, bunker oil, calcium carbide, and plastic nurdles, occurred in May 2025 when it sank off the Kochi coast. This event raised environmental concerns and led to multiple investigations and legal proceedings.
Since the incident, the crew members, who are among those still in India, have complied with investigation orders that restrict their movement. Although some members were eventually allowed to leave, others, including the petitioners, remained in Kochi despite no formal charges being filed.
Previously, the court had questioned the necessity of retaining these crew members in India, given the significant progress in investigations. In response, Additional Solicitor General of India, P Sreekumar, informed the court of an application under the Merchant Shipping Act filed for a formal investigation into the casualties resulting from the ship’s sinking.
The court directed the registry to acquire instructions from the Judicial First Class Magistrate Court (JFCM) in Thoppumpady regarding the investigation’s timeline. It also required three crew members expected to remain in India, including the vessel’s master and chief engineer, to appear before the magistrate for examination on June 12.
A report from the Thoppumpady magistrate indicated that the investigation into the sinking of MSC ELSA-3 could conclude within two months. The crew members’ legal representation included advocates Pranoy K Kottaram, Amitava Majumdar, Goenka Ruchir Bikas Chandra, Ashutosh Tiwari, Sivaraman PL, Athul Babu, and Sreenand Udayan.
The next hearing for the case is scheduled for June 15.
