'Take Urgent Steps For Compensation, To Protect Marine Life': High Court Tells State, Centre After Another Ship Accident Off Kerala's Coast

The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji was dealing with the PIL filed by former Congress M.P. T. N. Prathapan. The case which was initially posted to 19^th June was taken up yesterday in the backdrop of ship WAN HAI catching fire off the Kannur coast. The Court, on request, has permitted Prathapan to include details regarding the new accident in the plea.

The Court reminded the State and Central Government that there were many venues open before it to take action and it needs to act fast.

“When various courses of action have been provided under the aforementioned statutes and international conventions, both the Central and the State Governments are expected to exercise those powers, any delay or failure to act may give rise to an argument by an offender in future that a precedent is being set”

The Court directed that the State can consider directing the District Collector to file a suit under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and even seek the arrest of sister vessel. The Court reminded that under the Act, claims can be made regarding damage caused to the environment, coastline or related interests. The concerned authorities can also raise claim regarding the economic loss caused on account of the loss of economically harvested fish due to pollution in the exclusive economic zone of the country, which is within 200 nautical miles of the baselines.

The Court also urged the authorities to look into the provisions of Merchant Shipping Act, which deals with the pollution of the sea by oil and the civil liability in such cases.

State Informs Court About Action Taken By It

The State has informed the Court that after WAN HAI caught fire, it has mobilised firefighting and search operations and stated that the fire has been partially contained. It was informed that the vessel remains afloat but continues to emit heavy smoke.

With regards to MSC ELSA – 3, the Cargo Manifest has been published on the website of Kerala State Disaster Management Authority. An Expert Committee has been constituted to study the ecological impact. An FIR has been registered against the owner of the ship under Sections 282, 285, 286, 287, 288 and 3(5) of BNS on a complaint made by a private person.

Case Title: T. N. Prathapan v Union of India and Others

Case No: WP (PIL) 50/ 2025