Kerala Police Files FIR Against Liberian Ship MSC Elsa 3 Over Sinking Incident
Owners, master and crew booked for rash navigation, negligence after vessel carrying hazardous cargo sank off Alappuzha coast.
After initial reluctance, the Kerala Coastal Police have registered a case against the owner of the shipping company, the ship master and the crew members of the sunken cargo ship MSC ELSA 3.
The owner of the ship is the first accused, the ship master is the second accused, and the crew members are considered the third accused in the case. The case was filed with the Fort Kochi Coastal police for operating the cargo ship in a manner that posed a risk to human life.
However, in light of criticism from various quarters, the government changed its stand and decided to take action against the owner and others involved.
They have been charged under several sections of the Bharatiya Nyaya Sanhita; Section 282 (rash navigation of a vessel), Section 285 (danger or obstruction in public ways or lines of navigation), Section 286 (negligent conduct involving poisonous substances), Section 287 (negligent conduct concerning fire or combustible materials), Section 288 (rash or negligent actions that endanger human life or cause arm using explosive substances), and section 3(5) (criminal acts carried out by multiple individuals in furtherance of a shared common intention ).
The FIR states that despite being aware that the containers on board held explosive materials, the vessel was operated negligently and unsafely, posing a serious threat to both human life and marine ecology. Reports indicate that the spillage of containers into the sea has blocked navigation channels and endangered marine life in the area.
The case was initiated based on a complaint filed by C Shamji from Neerkunnam Matsya Gramam Alappuzha.
It is noteworthy to mention that the state government had initially decided against filing any criminal case against the shipping company. Chief Minister Pinarayi Vijayan, Port Minister V N Vasavan had previously stated that the government would not pursue any action and would rather focus on gathering concrete evidence of environmental and other damages. A note reportedly prepared by Chief Secretary A Jayalthilak mentioned that MSC, the company that owns the vessel, is a key stakeholder in the Vizhinjam International Seaport project and has maintained a long-standing relationship with the state.
The centre had also concurred with Kerala government's decision, emphasising that priority should be given to the formalities required for obtaining compensation.
The MSC ELSA sank on May 25, approximately 14.6 nautical miles from the Thottappally spillway. The ship was carrying a total of 643 containers, of which 73 were empty. Among the contents, 13 containers held calcium carbide, 46 contained plastic components known as Hydrazine, one contained a rubber compound, and others held wood, fruits, and cloth. It is estimated that around 100 containers may have fallen into the sea.
