Kochi: The Fort Kochi Coastal police have registered a case against the owner of the shipping company, the captain and the crew members of the sunken cargo ship MSC ELSA 3. 

According to the First Information Report (FIR), the case has been filed under Sections 282 (rash navigation of vessel), 285 (addresses danger or obstruction in public ways or lines of navigation), 286 (negligent conduct involving poisonous substances), 287 (negligent conduct with respect to fire or combustible matter), 288 (rash or negligent actions, endangers human life or causes harm by using explosive substances), and 3(5) (criminal act is done by several people in furtherance of a shared common intention) of the Bharatiya Nyaya Sanhita. 

The case was registered on a complaint filed by C Shamji of Neerkkunnam Malsya Gramam in Alappuzha. 

The FIR states that despite being aware that the containers onboard held materials of an explosive nature, the vessel was operated in a negligent and unsafe manner, posing serious danger to both human life and marine ecology. The spillage of containers into the sea has reportedly blocked navigation channels and endangered marine life in the area. 

This development comes amid mounting public criticism over the government’s delay in initiating legal action following the incident.

The state government had earlier decided that a criminal case would not be filed immediately against the shipping company. Instead, the focus would be on collecting concrete evidence of environmental and other damages. This, according to an official note from Chief Secretary Dr A Jayathilak, would strengthen the government's claim through insurance. The note summarised a discussion held between Chief Minister Pinarayi Vijayan and Director General of Shipping Shyam Jagannathan on May 29.

The note further states that Mediterranean Shipping Company (MSC), which owns the vessel, is a key stakeholder in the Vizhinjam International Seaport project and maintains a long-standing relationship with the state. Both parties have a shared interest in settling the matter through the insurer, and that any claim raised by the state should be “based on strong evidence and without any compromise.”