Kerala High Court allows two crew members of capsized MSC Elsa 3 to return home

The Kerala High Court has permitted two crew members of the Liberia-flagged vessel MSC Elsa 3 — the Chief Officer and the Second Engineer — to return to their respective home countries. The vessel capsized off the Alappuzha coast in May 2025, resulting in severe marine and coastal pollution along the shores of Kerala and Tamil Nadu.

Justice Bechu Kurian Thomas passed the order while considering a petition filed by the crew members, who had been detained in Kochi for more than a year after the shipwreck. They had sought permission to travel back to their home countries and the return of their passports.

As per the court's directive, the two mariners must execute a simple bond of ₹10 lakh or furnish a cash deposit of ₹1 lakh before the Judicial First Class Magistrate in Kochi. They are also required to give an undertaking that they will cooperate with the investigation and the trial in the case, and that they will travel to India whenever directed by the jurisdictional court. The court further mandated that they provide their permanent addresses and mobile numbers.

The court instructed the government to provide necessary assistance for their travel once the crew members fulfill these conditions.

The MSC Elsa 3, carrying a cargo of hazardous materials, sank off Alappuzha in May 2025, causing extensive ecological disruption in the south-eastern Arabian Sea, according to a study by the Centre for Marine Living Resources and Ecology (CMLRE). The shipwreck led to the contamination of beaches and fishing waters, affecting the livelihoods of local communities and the coastal environment over a vast area.

In connection with the sinking, an FIR was registered at the Fort Kochi Coastal Police Station. The trial is currently underway at the magistrate's court, where the Captain, Chief Officer, Chief Engineer, and Second Engineer are arraigned as accused. They face charges under the Bharatiya Nyaya Sanhita, 2023, including rash navigation of a vessel, obstruction in a public way or line of navigation, and negligent conduct with respect to poisonous substances and fire or combustibles.

Earlier, the Electro Technical Officer, Sea Man, and Motor Man of the vessel, who were listed as witnesses, were allowed to return home after satisfying similar conditions imposed by the court to secure their presence during the investigation and trial. The latest order follows the same reasoning, balancing the rights of the foreign crew members to return to their families against the need to ensure their availability for legal proceedings.

The court's decision has been met with relief among the crew and their families, though the legal process continues as authorities work to address the environmental damage and fix accountability for the incident.