'Doubts over transparency in ELSA-3 issue': High Court's roadblock for Kerala govt's settlement talks

KOCHI: The High Court cut short the Kerala government's premature plan to hold compensation talks with the owners of the MSC Elsa-3 ship without involving the court. The court doubted transparency in the case and the chances of the two parties reaching a valid settlement. After this, the court opined that it would be wise to postpone the talks for the time being.

The response of the division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji came after the government announced that it had appointed a committee for negotiations. The court, which sought an explanation from the government, posted the petitions for consideration on July 2.

Advocate General K. Gopalakrishna Kurup had informed the government that an admiralty suit would be filed in the High Court for compensation. He also pointed out that a committee had been appointed by the Disaster Management Department for settlement negotiations. However, the court questioned the government’s wavering stance on the issue. The government had earlier stated that they would seek legal help to move with the case, but recently made a volte-face to settle the issue directly with the shipping company.

The division bench said that many questions need to be considered in this regard.

"What transparency is there in these discussions? The US is said to have legal jurisdiction over the matter. In that case, will the company agree to make its settlement pact with the government public?" The bench also clarified that a settlement should be reached within the court.

The government announced the steps it intends to take under the Environment Protection Act. The Special Secretary of the Environment Department has been appointed as the Principal Impact Assessment Officer. The Fisheries Minister has called a meeting. It was also announced that the report on the extent of the loss has been given to the Special Secretary of the Fisheries Department.

The public interest litigations filed by former MP T.N. Prathapan and Malappuram native Ummer Ottummal, including the demand for compensation for fishermen who lost their jobs in ship accidents, were considered.