Thiruvananthapuram/New Delhi: In a meeting convened by Chief Minister Pinarayi Vijayan and Director General of Shipping Shyam Jagannathan on May 29, it was decided that the state government would not immediately pursue a criminal case against the shipping company involved in the sinking of MSC Elsa 3 off the Kerala coast.

According to a note prepared by Chief Secretary A Jayathilak, the focus is now on gathering strong evidence of the damage caused, which will aid in raising a comprehensive insurance claim. The note indicates that the government prefers resolving the matter through the insurer, without dragging the shipping company into criminal proceedings.

"The MSC is a reputed company which patronises the Vizhinjam International Sea Port and the company requires the goodwill of Kerala for their operations here. It is also in their interest to cooperate with Kerala and settle the claims through the insurance agency. Considering all these aspects, our claim should be based on string evidence and without any compromise," the note reads.

The meeting, which took place in Thiruvananthapuram on May 25—four days after the ship sank—also included the Chief Secretary. The decision not to file a case has drawn criticism from the opposition, who have questioned both the central and state governments’ delay in initiating legal action.

With the sunken ship and containers still lying off Kerala’s coast, concerns remain over whether insurance will be sufficient to cover long-term environmental damage. There are also doubts about the feasibility of pursuing legal action later if the insurance claim falls short.

In contrast, after the MSC Chitra oil spill off the Mumbai coast in August 2010, the Maharashtra Pollution Control Board filed a police case the next day under the Environment Protection Act, 1986.