MSC Elsa 3 disaster: Kerala moves Centre to seek Cyprus’ help to serve notices on ship managers, directors

Kochi: The Kerala government has initiated steps to serve legal notices on the Cyprus-based management company and directors of the container vessel MSC Elsa 3, which sank off the Kerala coast in May 2025, by seeking judicial assistance from the Republic of Cyprus through a Letter Rogatory.

A Letter Rogatory is a formal request made by a court or investigating authority in one country to the judicial authorities of another country seeking assistance in legal proceedings. It is generally used when legal processes such as serving notices, recording evidence or obtaining documents have to be carried out in a foreign jurisdiction.

Sources with the Coastal Police said that, in the MSC Elsa 3 case, the Letter Rogatory is being reportedly used to serve statutory notices on the overseas company and its board members, as they are based in Cyprus and cannot be directly served by the Kerala Police.

According to a government order issued by the Home Department on August 11 and accessed by Onmanorama, the State Police Chief has been authorised to submit the Letter Rogatory request through the Ministry of Home Affairs (MHA) using its online portal.

The request stems from the FIR registered at the Fort Kochi Coastal Police Station following the capsizing of the Liberian-flagged vessel off the Kerala coast in May 2025.

The Coastal Police have completed their local investigation and submitted a chargesheet before the Judicial First Class Magistrate (JFCM) Court, Thoppumpady.

Police sources said that the Letter Rogatory is not being sought to reopen the investigation or collect fresh evidence from Cyprus. Instead, it is intended to bridge the legal gap created by the fact that some of the accused are based abroad.

While statements and other evidence relating to the crew have already been collected locally, the ship’s Cyprus-based management company and its directors had not been directly served notices.

“In the case, the company (MSC Shipmanagement Ltd), and the members of the Board of Directors are also key accused. We had not issued direct notices to them earlier. That is why we have initiated this Letter Rogatory process,” a Coastal Police officer told Onmanorama.

The officer said the local investigation had already been completed and the charge sheet was filed more than a month ago. “Because they are based abroad, we cannot directly serve notices. In place of arrest, statutory notices are being issued through the proper diplomatic and international channel via the Union Government,” the officer added.

The Letter Rogatory will therefore allow the legal notices to be served through the appropriate judicial and diplomatic channels in Cyprus, rather than having the Kerala Police attempt to serve them directly.

The MSC Elsa 3, operated by Cyprus-headquartered MSC Shipmanagement Ltd., developed a severe starboard list while sailing from Vizhinjam towards Kochi and sank in the Arabian Sea on May 25, 2025. Kerala’s disaster management authority records that the vessel sank about 13 nautical miles off the Kerala coast.

The vessel was carrying more than 640 containers, including containers containing hazardous calcium carbide. The sinking led to an extensive response along the Kerala coast, with containers and plastic pellets, or nurdles, washing ashore and fishing communities facing disruption.

The incident also resulted in criminal proceedings against members of the ship’s crew. All 24 crew members were rescued after the vessel sank, while several of the foreign crew members subsequently remained in Kerala for an extended period in connection with the case.

As recently as August 3, the Kerala High Court permitted two more crew members — the Chief Officer and Second Engineer — to return to their home countries subject to conditions. Only the Shipmaster and Chief Engineer are currently in Kerala, while all others have left for their respective hometowns.

The latest move is significant because the criminal case is now seeking to formally bring the company managing the vessel and its board members within the legal proceedings.

The Letter Rogatory does not itself mean that the Cyprus-based accused have been arrested or found guilty. Rather, it provides the legal mechanism for authorities in India to seek assistance from Cyprus in carrying out the required judicial process.

Once the MHA processes the state government’s request and the diplomatic process is completed, the statutory notices can be served on MSC Shipmanagement Ltd and its directors in Cyprus.

The move comes against the backdrop of wider legal and environmental proceedings arising from the sinking. The disaster had significant consequences for Kerala’s coastal communities and marine environment, while separate proceedings have also been initiated over compensation and the damage caused by the wreck and its cargo.

The Letter Rogatory now marks another step in Kerala's effort to ensure that the overseas entities and individuals named as accused in the criminal case are not left outside the scope of the proceedings merely because they are based in another country.