MSC Elsa 3 Wreckage Has Hazardous Materials, May Have To Be Removed From Seabed: Centre Tells Kerala High Court
The Central government on Tuesday (August 11) informed the Kerala High Court that the MSC Elsa 3 wreckage lying on the seabed has hazardous materials and therefore, may have to be removed.The submission was made before the Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar, which was hearing a batch of public interest litigations raising questions regarding...
The Central government on Tuesday (August 11) informed the Kerala High Court that the MSC Elsa 3 wreckage lying on the seabed has hazardous materials and therefore, may have to be removed.
The submission was made before the Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar, which was hearing a batch of public interest litigations raising questions regarding the navigational hazards, marine pollution and livelihood issues of coastal communities posed with the sinkage of vessel.
During the last hearing, the Court had asked the Centre to consider whether the Indian Navy's expertise can be deployed to explore the wreckage lying in the seabed.
When the matter came up today, the Additional Solicitor General of India (ASGI) representing the Centre submitted that an affidavit has been filed before the Court. He also told that request has been sent to the Navy to examine the feasibility and that a response is awaited.
The ASGI also told that CSIR-National Institute of Oceanography (NIO), which had undertaken a study to determine the environmental impact of the wreckage, has submitted a report, which is being evaluated. He added that even a cursory look at the report revealed that there are hazards and there will be insistence on removal of the wreck.
Referring to the Nairobi Convention, the ASGI told the Court that removal of wreck is dependent on two factors: when it affects transportation and when there are hazards.
He then sought an adjournment for one week and the case was posted to August 17 for further consideration.
In the affidavit filed by the Nautical Surveyor cum DDG (Tech) of the Mercantile Marine department, it is stated that in the request sent to the Navy, assistance is sought for assessing the structural integrity and status of the submerged containers, the condition of hazardous cargo and its potential environment risks. Due to prevailing monsoon season, it is unsafe to have an effective underwater survey, it is added.
The stand taken by the authority in the affidavit was that wreck must be removed and such a request was sent to the ship owner as early as on May 25, 2025
“the wreck continues to contain hazardous cargo and other materials, including, inter alia, plastic nurdles and calcium carbide, which have the potential to adversely affect the marine environment in the event of any release. Having regard to the presence of such hazardous cargo and the potential risks associated therewith, the 3rd respondent [Director General of Shipping] considers removal of the wreck to be in the interest of maritime safety and protection of the marine environment,” states the affidavit.
Case Title: T. N. Prathapan v. Union of India and Ors. and connected cases
Case No: WP(PIL) 50/ 2025 and connected cases
Counsel for the petitioners: V. Harish, C.R. Rekhesh Sharma, Rajan Vishnuraj, Anil Thomas (T), K.V. Rashmi, Lakshmi, Rahul Anil, K. Jayesh Mohankumar, Pushparajan Kodoth, Vandana Menon, Vimal Vijay, Dona Mathew
Counsel for the respondents: Santhosh Mathew (Sr.), Amitava Majumdar, Pranoy K. Kottaram, P. Sreekumar - ASGI, T. Naveen - KSPCB