Delay in filing FIR in shipwreck case will hurt State’s interest, says maritime law expert

Delay in registering an FIR in connection with the sinking of the container vessel MSC ELSA 3 will harm the interests of the State, maritime law expert V.J. Mathew has said.

Mr. Mathew, vice-president of the Indian Maritime Law Association and former chairman of the Kerala Maritime Board, says for any meaningful investigation to take place into the accident, the police have to first register an FIR.

According to him, the question of jurisdiction does not arise in this case as a notification issued by the Union government in June 2016 gives one police station in each coastal State jurisdiction extending to the exclusive economic zone (200 nautical miles) for investigating offences. The Fort Kochi coastal police station is the designated station for Kerala and it can register an FIR in this instance, he told The Hindu.

Relevant Sections of the Bharatiya Nyaya Sanhita, dealing with rash and negligent navigation and acts endangering life and personal safety, the Environmental Protection Act, and the Merchant Shipping Act can be invoked in this instance.

While the State government has designated the shipwreck a State-specific disaster considering its socio-economic and ecological implications, Mr. Mathew says that, in reality, all costs on account of the accident and its consequences must be recovered from the owner of the vessel. Such expenses will include the cost of organising clean-ups, removal of the drifting and beached containers, and the compensation to fishers whose livelihood has been affected.

The Navy and the Coast Guard also have spent public money on the rescue effort which has to be recovered, he says.

“It is not a natural disaster. The Mercantile Marine Department has pointed to technical and operational defects,” he pointed out.

He also underlined the need to make public the cargo manifest of the vessel in the interests of transparency and public safety.

Published - May 29, 2025 08:53 pm IST