 "Why has Kerala ‘arrested’ a cargo ship?")
Kerala has arrested a foreign cargo ship currently within Indian territorial waters. The Kerala High Court on Monday (July 7) directed the conditional arrest of Liberian container ship MSC Akiteta II.
This came after the Kerala government filed an admiralty suit in the court, seeking compensation over the sinking of its ‘sister’ container ship, MSC Elsa III, in May. The suit has been filed under Section 4 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017.
Let’s take a closer look.
Kerala HC orders ‘arrest’ of cargo ship
The Kerala High Court ordered the conditional arrest of MSC Akiteta II, anchored at Thiruvananthapuram’s Vizhinjam port .
This came after the Kerala government sought compensation of Rs 9,531 crore for the alleged pollution off the Kerala coast caused by the sinking of MSC Elsa III on May 25, around 25 km southwest of Alappuzha.
The Liberian container ship went down with 640 containers, including those with hazardous substances, plastic pellets, calcium carbide, diesel and furnace oil.
On Monday (July 7), the Kerala government filed an admiralty suit in the High Court to recover Rs 9,531 crores in maritime claims for the purported environmental and economic damage caused by the sinking of the ship.
The vessel allegedly released oil and cargo that harmed the marine environment and impacted the livelihood of thousands of fishermen in Kerala.
The Kerala government sought the arrest of MSC MV Akiteta II until it was paid the compensation. The suit mentioned the Mediterranean Shipping Company (MSC), one of whose firms runs the MSC Akiteta II. Another company of the group operated the MSC Elsa III.
Impact Shorts
More Shorts“It is averred in the plaint that the damage occurred on account of oil pollution caused by the said vessel and pollution caused by the cargo in 643 containers carried in the said vessel. It is averred that the compensation is computed in accordance with the Central Pollution Control Board Guidelines,” the HC order said.
Justice MA Abdul Hakhim issued an interim order, allowing Vizhinjam Seaport to implement the warrant and make the arrest.
“MSC AKITETA II, along with her hull, tackle, engine, machinery, spares, gear, apparel, paraphernalia, furniture, etc, presently anchored in Vizhinjam Port, is ordered to be arrested until Rs 9,531 crore is deposited by the 1st respondent in this Court, or until security for the said amount is furnished to the Court’s satisfaction,” the court said, as per LiveLaw.
In maritime law, a court or other competent authority can detain a vessel to secure a maritime claim against it or its owner.
The Kerala High Court will hear the case again on Thursday (July 10).
What is an admiralty suit?
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, deals with maritime disputes in India. The legislation allows the filing of admiralty suits for maritime claims such as damage to ships, ownership and agreement disputes, loss of life, wage issues, and environmental damage.
This law replaced the colonial-era Admiralty Court Act, 1861, and the Colonial Courts of Admiralty Act, 1890.
Section 4 of the Admiralty Act, under which the Kerala government is seeking compensation, states that the High Court “may exercise jurisdiction to hear and determine any question on a maritime claim, against any vessel, arising out of…damage… caused by the vessel to the environment…; measures taken to… remove such damage; compensation for such damage,” etc.
In its admiralty suit, the Kerala government is seeking Rs 9,531 crore maritime claims, of which Rs 8,626.12 crore is for environmental damage, and Rs 378.48 crore for environmental restoration and to prevent or remove the damage caused to the environment by the capsized ship. The state has sought Rs 526.51 crore for economic losses suffered by the fishing community in Kerala.
With inputs from agencies
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