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Kerala HC Slams Govt Inaction: Orders Strict Action, Seeks Damages from Shipping Firm Over Kochi Mishaps

Kochi: The Kerala High Court has come down heavily on the state and central governments, urging swift and stringent action following the recent ship accident involving the MSC Elsa-3 off the Kochi coast in the Arabian Sea. A division bench led by the Chief Justice emphasized that both governments have full authority to pursue legal proceedings under relevant international treaties and maritime laws.

The court also included the recent Wan Hai cargo vessel fire off the Azhikkal coast under the purview of the case and asked that it be investigated thoroughly. While hearing a petition filed by MP T.N. Prathapan, the court signaled its intent to appoint an amicus curiae to aid in the legal process.

Raising serious concerns over repeated maritime accidents near Kochi, the court criticized the apparent administrative inertia and warned that no loopholes should be allowed in taking corrective action. “Why should public tax money be used in such cases?” the bench questioned, demanding a detailed account of all public funds spent so far on handling maritime accidents.

The court underscored that the shipping company bears full legal responsibility and must compensate for both environmental and economic damages. It further directed the state to initiate recovery proceedings against the responsible firm.

The Advocate General informed the bench that a case had already been registered in connection with the MSC Elsa-3 incident. He also noted that the burning vessel near Azhikkal is carrying hazardous materials, and legal proceedings have commenced based on public complaints.

The court ordered that there should be no delay in ongoing investigations and mandated the state to submit a comprehensive report detailing actions taken so far. The matter has been adjourned to June 19 for the next hearing.

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