The Kerala High Court has directed the Judicial First Class Magistrate Court-I in Thoppumpady, Ernakulam, to submit a report on the status of proceedings related to the capsize of the vessel MSC Elsa 3 off the Kerala coast. The directive came during the hearing of a petition filed by seven seafarers, including the ship's captain, seeking permission to return to their respective home countries.
Petition Details
The bench of Justice Bechu Kurian Thomas was hearing a petition from Captain Ivanov Alexander of Russia and six other crew members: Reynold Paredes Mahinay of the Philippines, Oleksii Chornyi of Ukraine, Kakhidze Roman of Georgia, Hordyeyev Valeriy of Ukraine, Castaneda Ronald Punzalan of the Philippines, and Velasco Ryan Ontolan of the Philippines. They sought the return of their passports and permission to travel back to their home countries.
Court Proceedings
During the hearing on Monday, the Assistant Solicitor General informed the High Court that an application had been filed before the magistrate court on September 12, 2025, seeking a formal investigation into the marine casualty resulting from the vessel's sinking on May 25, 2025. This application remains pending. Additionally, the Coastal Police Station in Fort Kochi informed the court that a final report regarding the incident had been filed before the magistrate court on May 30, 2025.
The High Court has directed the magistrate court to submit a report by Tuesday explaining the delay in commencing the investigation under Section 360 of the Merchant Shipping Act, 1958. The report must also indicate the timeline within which the investigation could be completed. Furthermore, the court asked whether the date fixed for examining the vessel's master and chief engineer can be advanced from June 27 to an earlier date.
Background of the Incident
MSC Elsa 3, a Liberian-flagged vessel, capsized 13 nautical miles off the Thottappally spillway in Alappuzha while en route from Vizhinjam port to Kochi port. The petitioners, who were rescued from the vessel, argued that they have been stranded in Kochi for nearly 11 months due to a notice issued by the Mercantile Marine Department, despite no charges being framed against them. They also highlighted that 15 other crew members were permitted to return to their home countries in August 2025.
