Subhechcha Ganguly 
The Kerala government has decided not to immediately file a criminal case against the Mediterranean Shipping Company (MSC), the operator of the ELSA 3 cargo vessel that sank off the state’s coast on May 25, according to an official note prepared by Chief Secretary A Jayathilak on May 29.
The Liberia-flagged vessel, carrying over 640 containers, capsized in the Arabian Sea around 14.5 nautical miles from the shore, triggering environmental concerns and leading to the formation of multiple expert committees to assess damage, including oil spills and the washing ashore of plastic pellets (nurdles). More than 50 containers, mostly empty, drifted to Kerala’s coastline following the incident.
Despite mounting pressure from environmentalists and maritime experts to initiate criminal proceedings, the state government emphasized the importance of first collecting concrete evidence to support compensation claims. “The general consensus was that a criminal case need not be filed immediately and that the entire focus at this time should be on collecting evidence of damages so that evidence-based claims can be raised,” the note stated.
It further pointed to MSC’s role as a significant partner in Kerala’s flagship Vizhinjam International Seaport, calling the company a “reputed” player that requires the state’s goodwill for its continued operations. The note stressed that MSC’s cooperation was crucial for a smooth settlement process through insurance.
The Vizhinjam port, inaugurated by Prime Minister Narendra Modi in May, is a ₹8867 crore public-private partnership project. The Kerala government contributed ₹5595.34 crore, while the Adani Group invested ₹2454 crore. The Centre has supported the project with ₹817 crore in viability gap funding and ₹795 crore as a long-term interest-free loan.
Authorities reiterated that while MSC’s reputation and partnership with the state are being taken into consideration, compensation claims would be pursued vigorously, backed by strong evidence and without compromise.
