MSC named first accused; police register case in Kochi ship accident

KOCHI: The police have registered a case regarding the incident where the ship MSC ELSA-3 sank 14.6 nautical miles off the Kerala coast. Mediterranean Shipping Company (MSC) has been named the first accused in the case registered by the Fort Kochi Coastal Police. The shipmaster is the second accused. According to the FIR, the vessel was allegedly operated in a manner that endangered human life.

The police action follows widespread public criticism over the initial decision not to initiate legal proceedings. Ports Minister V.N. Vasavan had earlier stated that it was the responsibility of the central government to take action in such cases. However, mounting pressure after a second maritime incident off the Kerala coast prompted the state to respond. The case was registered based on a complaint filed by C. Shyamji, a fisherman from Alappuzha.

The state government had previously clarified that its jurisdiction extends only up to 12 nautical miles (22.224 km) from the coast. Since the ELSA-3 incident occurred at 14.6 nautical miles (27.04 km), and the fire on the Wan Hai 503 vessel occurred 83 nautical miles (153.716 km) offshore, the state had initially maintained that pursuing legal action might not hold jurisdictionally. As an alternative, it had planned to seek compensation from the shipping and insurance companies without initiating criminal proceedings.

Authorities have explained that ship insurance typically covers damages to the environment, marine ecosystems, fishermen, and coastal residents. The compensation claims must be substantiated with evidence and submitted to international insurance agencies. To oversee this process, a committee comprising the Chief Secretary and secretaries from the legal, environment, revenue, and agriculture departments has been constituted.

MSC has conveyed its willingness to compensate for the losses arising from the ELSA-3 incident. However, officials have noted that filing a criminal case could potentially delay the compensation process, as insurance providers might insist on the completion of legal procedures. Notably, in a previous case involving the shooting of Indian fishermen by an Italian vessel, a settlement was reached after a Rs 10 crore compensation was paid.