The Kerala High Court came down heavily on Centre and state government in the wake of two ship accidents off the Kerala coast, directing them to take immediate and strict action to prevent such incidents from becoming a recurring issue.
The court was hearing a public interest litigation (PIL) filed by former MP TN Prathapan, seeking compensation for those affected by the sinking of MSC Elsa 3, a Liberia-flagged vessel that went down off the Kerala coast on May 25 while carrying hazardous cargo.
In a more recent incident, a Singapore-flagged container ship, Wan Hai 503, caught fire off the Beypore coast on June 9, with flames raging till Friday, June 13, morning.
Observing that inaction would normalise such accidents, the court said governments must examine existing laws and international agreements before taking steps.
It directed that losses must be recovered from the shipping company and not be compensated using public funds. The court also stressed the need to investigate environmental damage caused by the accidents.
The High Court asked both governments to submit details of the measures taken so far and said it would appoint an amicus curiae to assist the court in the matter.
While the state government said that the accident occurred in India’s Exclusive Economic Zone (EEZ) and hence the Centre must take responsibility under the Merchant Shipping Act, the court noted that action can also be taken under the Admiralty Act, allowing the ship to be arrested. The district collector can also invoke provisions under this Act, the court said.
The High Court further sought to know whether the National Investigation Agency (NIA) could take up the matter. According to the petitioner, the NIA can step in if a complaint is filed by the district collector or through a private suit in a magistrate court, citing environmental law violations.
The court also directed the petitioner to amend the PIL to include both recent ship accidents in the case.