MSC Elsa 3 sailors’ plea for return home: Kerala HC seeks report from magistrate court

Kochi: High court has sought a report from the judicial first class magistrate court-I, Thoppumpady, Ernakulam, on the status of the proceedings arising from the capsize of MSC Elsa 3 off the Kerala coast, on a petition filed by seven seafarers, including the vessel’s captain, seeking permission to return to their respective home countries.

The bench of Justice Bechu Kurian Thomas was hearing a petition filed by Captain Ivanov Alexander of Russia, along with six other crew members — Reynold Paredes Mahinay of the Philippines, Oleksii Chornyi of Ukraine, Kakhidze Roman of Georgia, Hordyeyev Valeriy of Ukraine, Castaneda Ronald Punzalan of the Philippines, and Velasco Ryan Ontolan of the Philippines — seeking the return of their passports and permission to travel back to their home countries.

During hearing on Monday, the assistant solicitor general informed HC that an application had been filed before the magistrate court on Sept 12, 2025, seeking a formal investigation into the marine casualty arising from the sinking of the vessel on May 25, 2025, and that the application remains pending. The coastal police station, Fort Kochi, also informed HC that a final report relating to the incident had been filed before the magistrate court on May 30, 2025.

Accordingly, HC directed the magistrate court to submit a report by Tuesday explaining the delay in commencing the investigation under Section 360 of the Merchant Shipping Act, 1958, and indicating the timeline within which the investigation could be completed. The report shall also state whether the date fixed for the examination of the vessel’s master and chief engineer can be advanced from June 27 to an earlier date.

Elsa 3, a Liberian-flagged vessel, had capsized 13 nautical miles off the Thottappally spillway in Alappuzha while en route from Vizhinjam port to Kochi port. The petitioners, who were rescued from the vessel, contended that they had remained stranded in Kochi for nearly 11 months pursuant to a notice issued by the mercantile marine department, despite no charges having been framed against them. They further pointed out that 15 other crew members had been permitted to return to their home countries in Aug 2025.