Ship mishaps off Kerala coast: Why spend public money on salvage, clean up, asks HC

Kochi: The High Court here on Thursday questioned why the state and central governments should spend public money on the salvage and cleaning up operations in connection with the two recent ship mishaps off the Kerala coast.

The query by a bench of Chief Justice Nitin Jamdar and Justice Basant Balaji came during the hearing of a PIL by Congress leader T N Prathapan with regard to the sinking of the Liberian flagged ship MSC Elsa 3 off the Kerala coast last month.

The court included the recent incident of a fire aboard the Singapore-flagged cargo vessel MV Wan Hai 503, with the blaze yet to be completely contained, also as part of the proceedings.

The bench asked the two governments to take the requisite action in both incidents promptly.

It further said that the amount spent on salvage, clean up and fire-fighting operations as well as economic loss caused due to fishing activities being affected, should be recovered from the shipping companies.

The bench also said that civil and criminal action can be taken against the shipping companies.

When the Advocate General appearing for the state government said that a complaint has to be received for lodging a case, the court said that action can be taken under the Bharatiya Nyay Sanhita.

It said that it can appoint an amicus curiae in the matter and asserted that there should be no delay in the steps proposed to be taken by both governments.

The court also asked the governments to ensure that ships in the area are safe.

With directions to the two governments to take all necessary steps, the court said it will take up the matter next on June 19.

A major fire broke out on Monday on board the Singapore-flagged ship following a container explosion. Eighteen crew members were rescued, while four remain missing.

The incident occurred at approximately 9.20 am IST, around 44 nautical miles off Azhikkal in Kerala's Kannur district, and about 130 nautical miles northwest of Kochi.

Round the clock efforts are on to extinguish the fire onboard the ship.

Prior to that, the Liberian flagged ship sank on May 24-25 about 14.6 nautical miles from Thottappally in Alappuzha district.

The vessel had gone down with 640 containers, including 13 with hazardous cargo and 12 containing calcium carbide. It was also loaded with 84.44 MT of diesel and 367.1 MT of furnace oil, according to the Ministry of Defence.

Diving operations are still underway to stop oil leakage from the vessel.