MSC Elsa 3 Sinkage: Kerala High Court Seeks Report On Formal Investigation Under Merchant Shipping Act In Crew's Plea To Return Home

The Kerala High Court on Monday (June 8) called for a report from the Judicial First Class Magistrate - I, Thoppumpady regarding the formal investigation into the casualty caused due to the sinkage of MSC Elsa 3 in Kochi.Justice Bechu Kurian Thomas has directed the Registry to get instructions from the JFMC regarding the reason for delay in commencing the investigation and regarding the details of the proceedings from September 30, 2025, i.e., the date of receipt of formal application for investigation submitted as per the Merchant Shipping Act.The Court also asked regarding the timeline within which the investigation can be completed and also whether the examination of the crew members can be preponed.The Court was considering a plea by seven crew members of the ship, who have been staying in India for more than one year since the vessel sank off the coast of Kerala on May 25, 2025.When the matter came up for consideration today, the Government Pleader appearing for the Station House Officer, Coastal Police Station submitted that in the crime registered against four of the petitioners, final report had already been submitted on May 30 and summons would be shortly issued by the Magistrate. Considering the submission, the Court asked for update on the date of appearance fixed in the said case."whether cognizance has been taken pursuant to the final report in Crime No.14/2025 of Coastal Police Station and, if so, the date of appearance fixed for the accused in the said case, if any. The report shall be made available, at the earliest, at any rate, by tomorrow," the Court added to its interim order.The government pleader submitted that the accident had grave consequences. At this juncture, the Court orally said:"You said it right. It's an accident. Accident involved. At the most, they would have been negligent, for which criminal offence can be taken against them. That doesn't mean they should remain in the country forever. Your officers took more than 1 year to complete investigation."During the hearing today, the Court orally pointed out that there are timelines contemplated for the investigation under the Merchant Shipping Act, laying down 30 days for interim report and preliminary inquiry report within 90 days. Moreover, if the recommended timeline could not be met, the reasons for the same have to given in writing to the DGS Casualty, it reminded.The Court then orally said that the delay is affecting the petitioners' right to fair trial:"Cannot be left to the whims and fancies of the investigating officer to prolong the investigation...Fair trial means fair trial even during investigation. From 12.9.2025, the judicial magistrate has issued the notice to the 1st petitioner on 30.4.2026. That is 7 months. He is delaying the proceedings. You mean to say that the party should be here? All along. When there are other means by which, you should have immediately acted. So that is actually affecting the fair trial also."In the formal investigation under the Merchant Shipping Act, only two of the petitioners has been arrayed but it was submitted before the Court that others might be called upon as witnesses. Hearing the same, the Court orally suggested that they can give evidence via video conferencing or conditions can be imposed to ensure their presence:"Why should they be present here? They can always. Evidence can be given through online, through video conferencing...Application for formal investigation, the reference is only to two persons. Petitioners 1 and 3 and some other person. These are the only two persons against whom investigation is….They can be witnesses, they can give evidence…they can always ask them. Even as far as Petitioners 1 and 3 are concerned, some conditions are imposed to ensure that they appear as and when required or appear and give evidence as and when required, that would be sufficient, I think...What is the requirement of their presence here? Suppose, as part of the investigation, they are ready to come and give evidence as and when required. Or when the trial starts, appropriate conditions can be imposed to ensure that they are present. What are the conditions that can be imposed to ensure that they appear as and when required by the court of law?...Suppose they have been made witnesses in the report, and they have to come and give evidence in a court of law, what measures can you adopt?"The Court also took the case of Indians facing criminal trials, where permissions are given to visit abroad:"Even an Indian who is facing a criminal trial in which he is charged, he is entitled to travel abroad. Suppose he is working abroad, is he not entitled? At the most…That doesn't mean that the person should wait here for the next 5 years…"Justice Bechu then orally remarked that this is a case where the right to life and liberty of persons are affected and orally said that it is inclined to allow the plea with respect to some of the petitioners, who are not arrayed in the formal...

MSC Elsa 3 Sinkage: Kerala High Court Seeks Report On Formal Investigation Under Merchant Shipping Act In Crew's Plea To Return Home

K. Salma Jennath

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K. Salma Jennath

MSC Elsa 3 Sinkage: Kerala High Court Seeks Report On Formal Investigation Under Merchant Shipping Act In Crew's Plea To Return Home

K. Salma Jennath

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K. Salma Jennath

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