The Kerala High Court on Tuesday orally questioned the Centre over the continued detention of foreign crew members of the Liberian-flagged MSC Elsa 3 vessel, which capsized in May, 2025, observing that India is bound by international obligations to ensure the fair treatment of seafarers.

Following the accident, multiple legal proceedings have been initiated, including public interest litigations and admiralty suits before the High Court, along with criminal proceedings and a statutory investigation under the Merchant Shipping Act pending before the Magistrate Court.

Justice Bechu Kurian Thomas observed that at least some of the crew members may not need to remain in India until the statutory investigation is completed. The court noted that India is bound by the "Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident, 2006" and said that seafarers must be treated fairly.

The observations were made during the hearing of a petition filed by seven foreign crew members of the vessel seeking permission to return to their respective home countries.

Earlier, the court had permitted three of the seven crew members to return home on modified conditions. These three members were not named in the preliminary inquiry report prepared as part of the statutory investigation under the Merchant Shipping Act and were also not accused in the criminal case registered by the Coastal Police Station, Fort Kochi.

At present, four petitioners, including the master of the vessel, chief officer, chief engineer, and second engineer, remain in India.

During Tuesday's hearing, the court indicated that it was inclined to permit two more petitioners, who were not named in the preliminary inquiry report, to leave the country subject to conditions.

Justice Bechu Kurian Thomas noted that the preliminary inquiry had identified only certain persons as being responsible for the operation of the vessel and questioned why other crew members who were merely employees of the ship should continue to remain in India.

The court suggested that conditions could be imposed to ensure their participation in the proceedings, including appearing online or personally before the Magistrate if required.

The court also questioned the Centre on the possible consequences if the petitioners were ultimately found guilty in the criminal proceedings or held liable for compensation.

"What is the maximum that can happen?" the court asked, observing that mere pendency of an inquiry should not result in a person being required to stay in a foreign country indefinitely.

The court noted that even if liability for compensation arises, maritime claims can be pursued through maritime liens and the ship can be attached in any jurisdiction. The matter has been posted for further consideration on July 28.
(With LiveLaw inputs)