The Kerala High Court has directed four foreign crew members of the sunken cargo vessel MSC Elsa-3 to approach the jurisdictional trial court for permission to leave India, noting that the court concerned has already taken cognisance of the criminal case registered in connection with the sinking of the vessel near the Kerala coast.
The single-judge Bench of Justice Bechu Kurian Thomas passed the order on Wednesday on a writ petition filed by seven foreign nationals who were part of the crew of the Liberia-flagged ship. The petitioners sought the return of their passports and permission to travel back to their respective home countries, contending that they had effectively been prevented from leaving India for more than a year following the maritime incident.
The Court observed that since cognisance of the case had already been taken by the competent court, the four petitioners who have been arrayed as accused in the criminal proceedings were at liberty to approach the Judicial First Class Magistrate Court at Thoppumpady either upon receipt of summons or by filing appropriate applications seeking advancement of the proceedings and other consequential reliefs, including permission to travel abroad.
The case arises from the sinking of MSC Elsa-3 off the Kochi coast in May 2025. The vessel was carrying diesel, bunker oil, calcium carbide and plastic nurdles when it sank, triggering serious environmental concerns and resulting in multiple investigations by maritime authorities, law enforcement agencies and other regulatory bodies. The incident also led to proceedings under the Merchant Shipping Act concerning the casualties arising from the sinking of the vessel.
According to the petitioners, all crew members were initially served with directions restraining them from leaving Kochi without prior permission from the authorities. While some crew members were subsequently permitted to return to their home countries, others were directed to remain in India to assist ongoing investigations.
The seven petitioners argued before the High Court that they had been subjected to unlawful restrictions on their movement and had remained stranded in India for nearly a year because of the investigations linked to the sinking of the vessel.
The High Court had earlier granted permission to three crew members, including an electro-technical officer, a seaman and a motorman, to leave India subject to their continued cooperation with investigating authorities whenever required. The remaining four petitioners include the vessel’s master, chief officer, chief engineer and second engineer.
The counsel for the crew members informed the Court that the master and the chief engineer had already appeared before the Judicial First Class Magistrate Court, which is conducting proceedings under the Merchant Shipping Act in connection with the maritime accident.
The State informed the Court that defects previously identified in the police report had been rectified and that the matter was now pending consideration before the trial court. Taking note of these developments, the High Court held that the appropriate remedy for the remaining petitioners was to seek relief before the magistrate court, which is now seized of the matter. The High Court has posted the writ petition for further consideration on June 30.
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