Kochi: Maritime experts were shocked by the Kerala government's decision not to file a criminal case after the MSC Elsa 3 cargo ship sank off the Kochi coast last month.
The minutes of a May 29 high-level meeting chaired by Chief Minister Pinarayi Vijayan and attended by Director General of Shipping Shyam Jagannathan and the state chief secretary reveals that the state decided not to pursue legal action against the involved shipping company right away.
V J Mathew, a maritime law expert and former chairman of the Maritime Board, described the move as "unprecedented," claiming that registering a complaint would have allowed the state to commence proceedings to seek compensation.
Mathew questioned whether there have been instances where authorities or the state have deliberately avoided filing a case against individuals involved in an accident due to personal or political connections.
Referring to a media report on the chief secretary's stance, he suggested that if the reported decision is accurate and is later challenged in the High Court or Supreme Court, he asked how the chief secretary would justify it, TNIE reported.
He also cited a 2016 central government gazette notification that permits each state to designate one coastal police station to extend its jurisdiction up to 200 nautical miles from the shore.
Based on this, Mathew noted that the Fort Kochi Coastal Police are empowered to register a case. He added that the case could potentially fall under several laws, including the Bharatiya Nyaya Sanhita (BNS), the Merchant Shipping Act, the Marpol Convention, or the Environment (Protection) Act, considering the environmental damage caused by the wreckage.
Mathew further stated that once a case is filed, the state should move forward with assessing the full extent of the damages, including environmental harm, oil spillage, and the disruption caused to the local fishing community.
He pointed out that if compensation is not paid voluntarily, the state has the legal authority to detain another vessel belonging to the same shipping company to recover the dues.
Sasidharan Kartha, former president of the Kerala Steamer Agents’ Association, shared similar concerns. He noted that it is highly unusual for authorities not to register a case in such incidents, especially when both environmental and economic consequences are significant. He acknowledged that the exact reason behind the government's decision to forgo filing an FIR remains unclear.
Kartha also underlined the necessity of having legal support when seeking compensation through Protection and Indemnity (P&I) insurance, which typically covers liabilities in maritime operations.
He warned that the insurer attempts to minimise the claim, and without a formal case on record, the state’s ability to negotiate or challenge insufficient compensation could be severely weakened. Registering a case, he said, provides a legal foundation for the state to take action against the shipping company if required.