On Environment Day, Kerala High Court directs State to release cargo and oil spill data from sinking of MSC Elsa

The Kerala High Court on Thursday directed the State government to release all available information concerning hazardous cargo and oil spill from the sinking of Liberian cargo ship MSC Elsa-3 on May 24 off the coast of Alappuzha [TN Prathapan v. Union of India & Ors.].A Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji passed the direction while hearing a public interest petition (PIL) filed by Congress leader and former Member of Parliament TN Prathapan.The PIL sought the Court's intervention to ensure proper compensation, environmental clean-up, and enforcement of action under both Indian and international law.The Court today directed the State to place in the public domain information about the cargo and the impact of the hazardous materials that were released into the sea."Considering the impact of the maritime disaster, which admittedly is affecting marine and coastal ecology, the State should place in the public domain information so far available such as the information about the cargo and the impact of the materials carried by the same ship, which was released into the water, on the marine and coastal ecology. If not, the learned Government Attorney will take instruction as to whether this information is already placed on the public domain or on their official website, if not we expect the State government to pull information so far available by next date of hearing," the Court said. While issuing these directions, Chief Justice Jamdar also orally remarked that today was World Environment Day. .The petition arose from the sinking of the Liberia-flagged cargo ship MSC ELSA-3 on May 24 around 25 km southwest of the coastal district of Alappuzha.The vessel, which was en route from Vizhinjam to Kochi, was reportedly carrying diesel, bunker oil, calcium carbide (a reactive chemical) and plastic nurdles when it capsized in Indian territorial waters.The spill triggered widespread concern over marine pollution and the livelihoods of coastal fishing communities..Prathapan, a former MP currently serving as Chairman of the Kerala Fishermen Coordination Committee, stated in his petition that the State Pollution Control Board and other authorities failed to take preventive action despite having a mandate under the Kerala State Disaster Management Plan, 2016.He alleged that although the Board had initiated an oil spill contingency plan in 2016, it has remained incomplete even after eight years.Prathapan also submitted that the incident has led to a 20-nautical-mile fishing ban, which has in turn affected thousands of traditional fishermen across several districts, including Alappuzha, Kollam, Ernakulam and Thiruvananthapuram.In his PIL, Prathapan has sought orders from the Court to the Central and State governments to constitute a high-level expert committee to assess environmental damage and recommend measures for restoration and to compensate and rehabilitate all affected persons. He has also sought orders to remove all pollutants from the affected sites and to initiate legal proceedings against the ship owner and insurer of MSC ELSA-3 under applicable international conventions and national laws..During today's hearing, Prathapan's counsel submitted that the State government had stopped engaging volunteers and that this would affect the remedial measures being taken in the area. However, the Government Attorney assured the Court that all necessary steps are being taken and that an expert body has been constituted. The Court then directed the Central and State governments and their agencies to file action taken reports within two weeks after which the matter will be taken up for further hearing..The PIL was filed through advocates V Harish, CR Rekhesh Sharma and Rajan Vishnuraj..[Read live coverage of the hearing today]