High Court Urges Stern Action Against Ship Companies, Warns Against Using Public Funds

High Court Urges Stern Action Against Ship Companies, Warns Against Using Public Funds

Kochi: The Kerala High Court has strongly instructed both the state and central governments to initiate firm legal action in connection with the MSC Elsa ship mishap off the Kochi coast. Emphasizing the importance of accountability, the court made it clear that the matter must be dealt with according to applicable national regulations and international maritime conventions, and that both governments are within their rights to pursue legal proceedings.

The division bench, headed by the Chief Justice, extended the scope of the case to also include the Van Hai cargo vessel fire incident that recently occurred in open waters near Azhikkal. The directive came during the hearing of a petition filed by Member of Parliament T.N. Prathapan. Highlighting the urgency, the court cautioned that there should be no procedural delays and advised that appointing an amicus curiae could strengthen the legal process.

Crucially, the court raised serious concerns over the use of taxpayers’ money to manage ship-related accidents. “Why is public money being used to deal with damages caused by private shipping firms?” the court questioned. It instructed the state government to provide a full breakdown of expenses already incurred and explore legal avenues to recover these costs from the responsible company.

The court asserted that the financial burden of the environmental and economic damages—especially to the local fishing community—should fall squarely on the ship operators. It directed the government to investigate all possible claims for compensation and clarify on which fronts recovery action can be pursued.

Responding to the queries, the Advocate General informed the court that a formal case has already been filed by the state in the Elsa ship accident. He further noted that the state was prompted to act due to citizen complaints and the presence of hazardous materials aboard the burning vessel near Azhikkal.

The court also asked the government what legal hurdles, if any, were preventing both civil and criminal actions from progressing in the case. Given the severity of the oil spill from the Elsa ship and its ecological impact, the court reiterated that comprehensive measures must be taken without leaving any legal loopholes.

With a firm directive for continued progress, the High Court has scheduled the next hearing for June 19 and ordered the state to submit an updated report detailing all actions taken so far.

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