Kerala High Court Asks MSC Elsa 3 Foreign Crew Accused In Crime To Approach Magistrate For Relief In Plea To Return Home
K. Salma Jennath
17 Jun 2026 3:58 PM IST
The Kerala High Court on Monday (June 15) directed the four foreign crew members of capsized MSC Elsa 3 ship booked in criminal case to approach the Magistrate court having cognizance for appropriate reliefs.
Justice Bechu Kurian Thomas was told by the government pleader that the final report in the crime has been resubmitted after curing defects and the Judicial First Class Magistrate Court - I, Kochi had taken cognizance of the case as well. Taking note of the submission, the Court ordered:
"Since cognizance has already been taken, petitioners 1 to 4, who are arrayed as accused in the said crime, are at liberty to approach the learned Magistrate either on receipt of summons or by filing petition to advance the case and seek appropriate reliefs."
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.
Last week, the Court had allowed three out of the seven foreign crew members of the sunken Liberian-flagged vessel MSC Elsa 3 ship, to return to their home countries on certain conditions.
The three persons permitted to leave are not named in the preliminary inquiry report in the formal investigation under the Merchant Shipping Act nor are they accused in the criminal case registered by the Coastal Police Station, Fort Kochi.
With respect to two of the petitioners, the Court had not pass any order yet permitting them to leave since it was of the view that their statements had to be taken since they are part of a statutory investigation. It had directed the petitioners 1 and 3 to appear before the JFCM Thoppumpady on June 12 so as to enable the Magistrate to fix an early date for examining them.
The Court also recorded the submission of their senior counsel Grashious Kuriakose that pursuant to the afore direction, the two of the petitioners appeared before Magistrate and the matter has been posted to June 17 (Wednesday) for appointment of an Assessor. Additional Solicitor General of India P. Sreekumar submitted that the list of assessors would be submitted before the Magistrate on the said date.
The case is now posted to June 30 (Tuesday) for further consideration.
The petition is moved by Senior Advocate Grashious Kuriakose and Advocates Pranoy Kottaram, Amitava Majumdar, Goenka Ruchir Bikas Chandra, Ashutosh Tiwari, Sivaraman P.L, Athul Babu, and Sreenand Udayan.
ASGI P. Sreekumar appeared for the Union, Directorate General and MMD.
Case No: WP(C) No. 17115/2026
Case Title: Ivanov Alexander and Ors. v. Union of India and Ors.
