Kerala High Court Directs MSC Elsa 3 Crew to Seek Trial Court Approval for Departure from India
Legal proceedings linked to the sinking of the MSC Elsa 3 continue as the Kerala High Court advises four foreign crew members to seek permission from a trial court before leaving India.
The Kerala High Court has ruled that four foreign crew members of the sunken cargo vessel MSC Elsa 3 must approach the trial court in Thoppumpady if they wish to obtain permission to leave India. The order comes amid travel restrictions imposed in connection with a criminal case registered after the vessel sank off the Kerala coast.
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Justice Bechu Kurian Thomas issued the direction after noting that the trial court has now taken cognisance of the case, shifting jurisdiction over related relief requests from investigating authorities to the magistrate court.
According to the Court’s June 15 order, the four crew members named as accused in the case are free to seek appropriate relief from the magistrate, either after receiving summons or by filing a petition requesting an earlier hearing.
The order was passed while considering a petition filed by seven foreign crew members of MSC Elsa 3, who had sought the return of their passports and permission to return to their respective home countries.
The Liberia-flagged cargo ship sank off the Kochi coast in May 2025 while carrying diesel, bunker oil, calcium carbide, and plastic nurdles. The maritime incident triggered widespread environmental concerns and led to investigations by maritime authorities, law enforcement agencies, and multiple legal proceedings.
The petitioners stated that they had remained in India since the sinking and were served notices preventing any crew member from leaving Kochi without prior approval. While some crew members were later permitted to travel abroad, others were instructed to remain available for ongoing investigations.
The seven crew members argued before the High Court that they had effectively been detained in India for nearly a year due to the continuing investigations arising from the vessel’s sinking.
Earlier, the Court granted permission for three crew members, an electro-technical officer, a seaman, and a motorman, to leave India, subject to their cooperation with investigators whenever required.
The remaining four petitioners include the vessel’s master, chief officer, chief engineer, and second engineer.
During the latest hearing, counsel for the crew informed the Court that the vessel’s master and chief engineer had already appeared before the Judicial First Class Magistrate Court (JFCM), which is conducting proceedings under the Merchant Shipping Act relating to casualties resulting from the sinking.
State authorities informed the Court that deficiencies previously identified in the police report had been rectified and that the matter is now scheduled for consideration by the trial court.
Taking these developments into account, the High Court observed that the remaining crew members may seek relief directly from the magistrate court through appropriate legal procedures.
The matter is scheduled for further hearing before the Kerala High Court on June 30.
Senior counsel Grashious Kuriakose appeared on behalf of the crew members. Additional Solicitor General of India P. Sreekumar represented the Union Ministry of Ports, Shipping and Waterways, while government pleader Parvathy Koottolil appeared for the State. The petitioners were represented by advocates Pranoy K. Kottaram, Amitava Majumdar, Goenka Ruchir Bikas Chandra, Ashutosh Tiwari, Sivaraman P.L., Athul Babu, and Sreenand Udayan.
The MSC Elsa 3 case continues to attract attention across the maritime industry due to its environmental implications, shipping safety concerns, and the legal responsibilities arising from major marine casualties involving hazardous cargo.
