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Hindustan Times
6 days ago
- Politics
- Hindustan Times
HC orders arrest of vessel till firm pays ₹9,531 cr for ELSA 3
The Kerala government on Monday filed an admiralty suit in the high court claiming compensation of ₹9,531 crore for damage to the marine environment and coastline, and economic losses to the fishing community in connection with the sinking of the MSC ELSA 3 vessel off the coast of Kochi on May 25. the state government claimed ₹ 8,626.12 crore as compensation towards damage to the environment, coastline and related interests of the state, ₹ 378.48 crore for measures taken to prevent or minimise the damage caused by the vessel and ₹ 526.51 crore for economic losses caused to the fishworkers (AP) In its suit, the state government claimed ₹8,626.12 crore as compensation towards damage to the environment, coastline and related interests of the state, ₹378.48 crore for measures taken to prevent or minimise the damage caused by the vessel and ₹526.51 crore for economic losses caused to the fishworkers. 'The compensation has been computed following the Central Pollution Control Board guidelines,' it said. The state government, represented by advocate general K Gopalakrishna Kurup, petitioned the bench headed by justice MA Abdul Hakhim to issue a warrant of arrest against the vessel MSC Akiteta 2, currently anchored at the Vizhinjam International Seaport near Thiruvananthapuram, until the Mediterranean Shipping Company (MSC) furnishes the security for the maritime claim. The government argued that both ELSA 3 and Akiteta 2 are registered in the names of two sister companies of MSC and that both are managed, operated, and owned by the same firm. Justice Hakhim, admitting the suit filed by the government and conferring with its arguments, ordered that the vessel MSC Akiteta 2 be arrested at the Vizhinjam port until the shipping firm deposits ₹9,531 crore towards the compensation claims. 'I prima facie find that averments in the plaint and in the affidavit in support of this application and the documents produced by the applicant would make out a maritime claim against the respondents 1 and 2 under section 4 (1) of the Admiralty (Jurisdiction and settlement of maritime claims) 2017 to invoke the admiralty jurisdiction of this court conferred under section 5 for the arrest and detention of the 1st respondent vessel in order to obtain security for the plaint claim,' the judge said. 'I am satisfied that an arguable maritime claim is made out by the applicant, warranting a conditional order of arrest of the 1st respondent vessel till the 1st respondent furnishes security for the plaint claim,' the order read. The MSC ELSA 3 sank 14.5 nautical miles off the coast of Kochi on the morning of May 25 while sailing to Kochi from the Vizhinjam International Seaport. As the ship sank, over 640 containers that were aboard went down along with it. However, all the 24 foreign crew members were rescued in joint operations by the Navy and the Coast Guard. The sinking of the cargo vessel had rung alarm bells on Kerala's coast as officials pointed to the presence of calcium carbide, a chemical that reacts dangerously with water to produce acetylene gas, in at least 12 of the containers onboard. Additionally, tonnes of plastic nurdles, a form of microplastic used in the manufacture of a wide variety of plastic products and inside the containers that drifted into the sea, were washed up on the state's coast, particularly on the beaches in Thiruvananthapuram and Kollam districts. Environmentalists have warned that the plastic nurdles, likely to be consumed by fish and other aquatic animals, would cause major harm to the marine ecosystem and ultimately enter the human food-chain. The leaking of the ship's fuel in the initial weeks following the sinking was also observed by the government and activists as a form of pollution to the ecosystem. While the state was accused initially of not registering a criminal case against MSC citing the shipping company's proximity to the Vizhinjam port, in which the State has a stake, an FIR was registered by the Fort Kochi Coastal police on June 11 against the ship's owner, master and crew members for rash navigation and negligent conduct involving poisonous substances.
News18
6 days ago
- News18
Kerala HC Orders Arrest Of Sunk Vessel's Sister Ship After State Seeks Rs 9,531 Crore In Damages
Last Updated: On May 25, MSC Elsa, carrying over 643 containers, including hazardous cargo and plastic pellets, capsized about 13 nautical miles from Thottapally spillway off Kerala coast The Kerala High Court has ordered the conditional arrest of MSC Akiteta-II, a sister vessel of the Liberian vessel MSC Elsa, which sank off the state's coast. The government has filed an admiralty suit and sought Rs 9,531 crore as compensation, including for pollution damage, remedial action taken by the state and the loss of livelihood of fishermen. The ship is currently at the Vizhinjam port in Trivandrum and according to the order, the vessel can leave the port only if the company gives a security for the amount. Advocate General K Gopalakrishna Kurup and advocate Parvathy kottol, government pleader, appeared for the state. In its plaint, the State invoked Section 4 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, to seek compensation, including Rs 8,626.12 crore for pollution damage, Rs 378.48 crore for environmental restoration, and Rs 526.51 crore for economic losses suffered by fishermen and coastal communities, amounting to a total maritime claim of Rs 9,531.11 crore. The State also asked that interest at the rate of 6 per cent per annum be awarded from the date of suit till judgment and thereafter at 12 per cent till realisation. It was on May 25 that MSC Elsa capsized approximately 13 nautical miles from the Thottapally spillway off the Kerala coast. According to the admiralty suit, the vessel was carrying over 643 containers, including hazardous cargo and plastic pellets known as 'nurdles'. According to the suit, 'The incident has resulted in massive pollution of Kerala's marine ecosystem, with oil slicks and floating cargo causing serious detriment to the environment, coastal fisheries, and public health." As on June 30, over 61 containers have washed ashore along the districts of Thiruvananthapuram, Kollam, Alappuzha, and Ernakulam, and approximately 59.6 metric tons of plastic nurdles have been collected and transported from Veli Beach to Kollam Port. Manual and mechanical clean-up continues with the aid of 600 government personnel and 300 volunteers under the supervision of the Marine Emergency Response Centre. The Kerala State Disaster Management Authority (KSDMA) declared the incident a 'state disaster". Financial relief has been sanctioned to 78,498 fishermen families and 27,020 allied families at Rs 21,000 per person, along with free ration of 6kg rice per head. The fish market has also suffered a severe crash due to contamination fears. The admiralty suit also stated that six cetacean carcasses, including dolphins and a whale, have been found ashore, suspected to have died due to exposure to microplastics and toxic substances released from the vessel. First Published: July 08, 2025, 10:03 IST
Time of India
02-07-2025
- Business
- Time of India
Shipwrecks off Kerala coast: Will file admiralty suit in a week or two, state govt tells high court
Kochi: State govt has informed high court that an admiralty suit will be filed within one or two weeks, seeking compensation for the environmental and economic losses resulting from recent shipwreck incidents off Kerala coast. Tired of too many ads? go ad free now Advocate general K Gopalakrishna Kurup further submitted that the state is in the process of collecting additional authentic data regarding the Liberian-flagged vessel, MSC ELSA 3, which capsized on May 25. These submissions were made in response to public interest litigations filed by former MP T N Prathapan and others, seeking a comprehensive compensation and rehabilitation package for fishermen and other stakeholders affected by the recent shipwrecks. While considering the petitions, the bench of Chief Justice Nitin Jamdar and Justice Basant Balaji observed that some other suits have already been filed in connection with compensation claims arising from the same incidents. The advocate general clarified that those suits were filed by the owners of goods that were lost aboard the vessel. He added that there remains some uncertainty regarding the ownership of the cargo vessel MSC ELSA 3, as the vessel's managers have claimed it was under the operation of another registered entity. He stated that the ship is a containership registered under the ownership of ELSA 3 Maritime Inc. The bench, however, reminded the state that the ongoing data collection should not delay the filing of the admiralty suit. The court accordingly adjourned the petitions to July 15. Charles George, one of the petitioners, alleged that the shipping company had terminated the contract with a salvage agency and appointed a new one, which, he argued, could affect the progress of salvage operations. The company responded that the change was made for valid reasons and would not impact the ongoing operations. The court directed the director general of shipping to examine the issue and respond to the petitioner's concern by the next posting date.
Time of India
09-06-2025
- Politics
- Time of India
Draft law to ensure safety of women in entertainment industry can be finalized by Oct, govt tells HC
Kochi: The state govt has informed high court that a draft legislation for the welfare of women in the entertainment industry, including cinema, can be finalised before Oct, within two months after a conclave scheduled for the first week of Aug to discuss film policy and related issues. Advocate general K Gopalakrishna Kurup made the submission in response to petitions seeking further action on the Justice K Hema Committee report concerning the working conditions of women in the film industry. The special bench of Justices A K Jayasankaran Nambiar and C S Sudha recorded the submission on Monday. During the previous hearing, the court had asked the state govt to provide a tentative timeline within which the legislation could be enacted. Additionally, the bench granted 10 days to the special investigation team (SIT) to report its decision regarding ongoing investigations based on complaints received from various persons in the cinema industry. This followed a request from a member of the SIT, who briefed the court on the details of the investigations and sought two weeks to file the report. There was a rumour that the SIT had decided to drop the criminal cases registered, based on the Hema Committee report on sexual exploitation and misogyny within the Malayalam film industry. The court adjourned the petitions to June 25.
