Foreign Crew Members of Sunken Ship Seek Legal Intervention
In a significant legal development, seven crew members from the ill-fated cargo vessel MSC ELSA-3 have petitioned the Kerala High Court to recover their passports and secure permission to return to their respective home countries. The petition, titled Ivanov Alexander & ors v Union of India & ors, represents individuals hailing from Russia, Ukraine, Georgia, and the Philippines who have been marooned in India following the vessel’s sinking off the Kochi coast in May 2025.
Incident and Legal Repercussions
The MSC ELSA-3, a Liberia-flagged cargo ship, was transporting diesel, bunker oil, calcium carbide, and plastic nurdles when it sank, leading to severe environmental degradation. In the aftermath, multiple lawsuits emerged, including admiralty suits filed by cargo owners against MSC Mediterranean Shipping Company SA, the ship’s owner. The State of Kerala has also demanded compensation for pollution, environmental restoration, and economic losses impacting the local fishing and coastal communities.
Alleged Illegal Detention
According to the petitioners, they have been unlawfully detained in India for over a year in relation to a criminal case linked to the vessel’s sinking. Justice Bechu Kurian Thomas, presiding over the initial hearing, has issued notices to both the Central and Kerala governments to present their responses. The case is scheduled for further consideration on May 29.
Chronology of Events
The plea details the events leading up to the sinking, stating that on May 24, 2025, the vessel began to list dangerously en route from Vizhinjam to Kochi. While 21 crew members were evacuated following the issuance of abandonment orders, three senior crew members remained onboard, attempting to stabilize the ship. Despite their efforts, the MSC ELSA-3 capsized and sank on May 25, approximately 14.4 nautical miles off the Kochi coast, necessitating the rescue of the remaining personnel.
Legal and Administrative Hurdles
Post-rescue, the Mercantile Marine Department in Kochi issued directives preventing crew members from leaving without written consent, followed by the Coastal Police filing an FIR under various sections of the Bharatiya Nyaya Sanhita, 2023. Although the FIR mentioned the vessel’s Master, other crew members were not individually named as accused. The crew’s passports were confiscated by police, effectively stranding them in India despite their cooperation with the investigation.
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Plea for Repatriation
The petition notes that although the Director General of Shipping authorized the repatriation of 15 crew members in August 2025, the petitioners were excluded. Their repeated pleas for repatriation on humanitarian grounds have been met with insistence from authorities that their presence is essential for ongoing investigations.
Constitutional Rights and Legal Representation
The petitioners argue that their detention violates their constitutional rights under Article 14 (right to equality) and Article 21 (right to life and liberty) of the Indian Constitution. They claim their detention lacks legal authority and seeks the quashing of notices restricting their movement. The legal representation for the crew includes advocates Pranoy K Kottaram, Amitava Majumdar, Goenka Ruchir Bikas Chandra, Ashutosh Tiwari, Sivaraman PL, Athul Babu, and Sreenand Udayan.
