Kerala Court Mandates Rs 6 Crore Security Deposit Before Releasing Vessel Linked To Sunken Ship

Kerala Court Mandates Rs 6 Crore Security Deposit Before Releasing Vessel Linked To Sunken Ship
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  • Kerala High Court requires Rs 6 crore deposit before releasing sister vessel of sunken Liberian ship MSC Elsa 3.
  • Six cashew importers seek compensation for lost cargo after May vessel disaster off Kerala coast.

The Kerala High Court has issued a directive preventing port authorities from releasing a vessel associated with the sunken Liberian ship MSC Elsa 3 until a substantial financial guarantee of Rs 6 crore is provided. This judicial order emerged from legal proceedings initiated by six cashew importing companies who assert that their commercial shipments were aboard the ill-fated vessel when it went down off Kerala's coastline in late May.

The court's decision establishes that the sister vessel can only be released upon presentation of verified proof that the required deposit has been secured. Legal proceedings in this matter are scheduled to resume at 1:45 PM today, when the shipping company is expected to demonstrate compliance with the deposit requirement, according to Advocate Joy Thattil, who represents the affected importers.

The original incident involved MSC Elsa 3, a container vessel operating under Liberian flag registration, which sank in waters near Alappuzha district on May 25. The vessel was reportedly transporting dangerous and flammable materials at the time of the maritime disaster, raising significant environmental and safety concerns for the region.

Kerala police authorities have initiated criminal proceedings against the ship's ownership, captain, and crew members, filing charges related to reckless navigation practices. The First Information Report, registered at Fort Kochi Coastal police station on June 11, includes multiple violations under the Bharatiya Nyaya Sanhita, specifically addressing negligent navigation, improper handling of hazardous substances, and creating obstructions in public shipping lanes.

The legal complaint, filed by Alappuzha district resident C Shamji, alleges that the vessel's operators demonstrated negligence in managing the ship, directly contributing to its sinking and subsequent environmental damage. The charges specifically highlight improper management of dangerous materials and the resulting impact on marine ecosystems and local fishing communities, with financial damages estimated in the hundreds of thousands of rupees.

According to Ministry of Defence records, MSC Elsa 3 was carrying a substantial cargo load of 640 containers when it sank. Among these containers, 13 contained hazardous materials while 12 specifically held calcium carbide, a chemical compound known for its reactive properties. Additionally, the vessel was loaded with significant quantities of fuel, including 84.44 metric tonnes of diesel and 367.1 metric tonnes of furnace oil, amplifying environmental contamination concerns.

The severity of the situation prompted the Kerala government to officially classify the MSC Elsa 3 wreckage as a state-specific disaster on May 29, acknowledging its far-reaching environmental, social, and economic implications. The vessel had capsized and sunk in Arabian Sea waters approximately 14.6 nautical miles from the Kerala shoreline.

Since the maritime accident occurred, numerous containers from the sunken vessel have been discovered washing ashore at various coastal locations throughout Alappuzha, Kollam, and Ernakulam districts. This ongoing recovery of debris has created additional logistical and environmental challenges for local authorities.

Government officials have expressed particular concern about the environmental ramifications of the incident, citing substantial risks including potential oil spills from the vessel's fuel reserves and the widespread distribution of hazardous cargo debris throughout the marine environment. These concerns have influenced the government's decision to treat the incident as a significant disaster requiring coordinated state-level response efforts.

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