Kerala HC Seeks JFCM Report on Delay in MSC Elsa 3 Sinking Inquiry Before Ruling on Crew's Passport Release
Seven foreign crew members of the sunken vessel MSC Elsa 3, stranded in Kochi since the casualty, asked the Kerala High Court to release their passports and permit them to return home. Justice Bechu Kurian Thomas, sitting singly, declined to pass immediate relief and instead directed the Registry to obtain a report from the Judicial First Class Magistrate at Thoppumpady on why the formal investigation under the Merchant Shipping Act has not yet commenced.
The Crew Stranded in Kochi
The seven petitioners are crew members of the vessel MSC Elsa 3, which sank and caused a maritime casualty. They hold passports from Russia, Ukraine, the Philippines, and Georgia, and have been residing at a hotel in Ernakulam since the incident. None of them can leave India because their passports are being retained in connection with the ongoing legal proceedings arising from the sinking.
The petitioners are: Ivanov Alexander, the Russian Captain; Reynold Paredes Mahinay, the Philippine Chief Officer; Oleksii Chornyi, the Ukrainian Chief Engineer; Kakhidze Roman, the Georgian Second Engineer; Hordyeyev Valeriy, the Ukrainian Electro Technical Officer; Castaneda Ronald Punzalan, a Philippine Able Seaman; and Velasco Ryan Ontolan, a Philippine Motorman.
Through the writ petition filed before the Kerala High Court, they sought two interim reliefs: a direction to the Principal Officer, Mercantile Marine Department, Kochi (Respondent No. 3) to decide a pending representation submitted by Petitioner No. 5, Hordyeyev Valeriy; and an order releasing their passports and permitting them to return to their respective countries of residence.
Two Parallel Proceedings Arising from the Sinking
When the matter came up on 8 June 2026, the Additional Solicitor General of India informed the court that an application had been made on 12 September 2025 to the Judicial First Class Magistrate-I at Thoppumpady (JFCM-I) under Section 360 of the Merchant Shipping Act, 1958, seeking a formal investigation into the casualty caused by the sinking of MSC Elsa 3.
Section 360 of the Merchant Shipping Act, 1958 provides a mechanism for a formal investigation into shipping casualties, distinct from ordinary criminal proceedings.
Separately, the Sixth Respondent — the Station House Officer, Coastal Police Station, Fort Kochi — informed the court that the final report in Crime No. 14/2025 of the Coastal Police Station, Fort Kochi had already been filed before the JFCM-I, Thoppumpady, on 30 May 2026. The JFCM-I is therefore seized of both the formal investigation request under the Merchant Shipping Act and the criminal final report arising from the same incident.
What the Court Wanted to Know
Justice Bechu Kurian Thomas did not pass any order on the passport release plea at this stage. Instead, the court directed the Registry to seek specific information from the JFCM-I, Thoppumpady, on three points.
First, the court asked for the reason for the delay in commencing the formal investigation under Section 360 of the Merchant Shipping Act, 1958, despite the application having been made as far back as 12 September 2025 — nearly nine months before the hearing. The court also asked for details of all proceedings that took place from the date of receipt of that application until the date of the order.
Second, the court sought a timeline within which the investigation can be completed. It also asked whether the date fixed for examining the Master of the vessel and the Chief Engineer — currently scheduled for 27 June 2026 — can be preponed to an earlier date.
Third, the court asked whether cognizance has been taken by the JFCM-I pursuant to the final report in Crime No. 14/2025 of the Coastal Police Station, and if so, what date of appearance has been fixed for the accused in that case.
The court directed that the report be made available at the earliest, and in any event by 9 June 2026, the following day. The matter was posted to 9 June 2026.
Why the Delay Question Matters
The crew's ability to leave India is directly tied to the pace of the proceedings before the JFCM-I. As long as the formal investigation under Section 360 of the Merchant Shipping Act remains pending and the criminal case arising from the sinking has not reached a stage where the accused can be released from their obligation to remain available, the crew's passports remain effectively impounded.
The application for a formal investigation was filed in September 2025. By June 2026, the investigation had not commenced. The court's direction to the Registry to seek an explanation from the JFCM-I for this delay signals that the High Court is examining whether the prolonged retention of the crew in India is justified by the pace of the proceedings or whether the delay is itself a factor that weighs in favour of granting interim relief.
The examination of the Master and the Chief Engineer — the two most senior crew members among the petitioners — was fixed for 27 June 2026. The court's query about preponing that date suggests it is considering whether the investigation can be expedited enough to allow the crew to depart sooner.
Outcome
Justice Bechu Kurian Thomas directed the Registry of the High Court to obtain a report from the JFCM-I, Thoppumpady, addressing the three specific queries set out in the order: the reason for delay in commencing the Section 360 investigation, the timeline for completion, and the status of cognizance in the criminal case. The report was to be placed before the court by 9 June 2026. No order was passed on the petitioners' prayer for passport release or permission to leave India at this stage. The matter was listed for further hearing on 9 June 2026.