The Kerala High Court has directed both the Central and State Governments to take swift and effective measures to secure compensation and protect the marine environment following another maritime accident involving the ship WAN HAI 503 near Kerala’s Kannur coast.
The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing a public interest litigation filed by former MP T.N. Prathapan. Initially scheduled for 19 June, the case was taken up earlier after the recent fire on board the WAN HAI 503 vessel.
The Court allowed the petitioner to include new facts and parties connected to the latest incident. The vessel, carrying 1,754 containers filled with hazardous substances such as chemicals and pesticides, caught fire and continued to emit heavy smoke while drifting in the sea.
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“This situation could place substantial strain once again on both the Central and State machinery,”
— Kerala High Court observed.
The Advocate General informed the Court that firefighting and search operations had been mobilised by the Indian Navy, Coast Guard, and Directorate General of Shipping. Though the fire was partially contained, the vessel remained adrift and continued to pose a serious threat to marine life.
The Court emphasized that the authorities must act without delay and utilize existing statutory and international frameworks for recovery and prosecution.
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“When various courses of action have been provided under the aforementioned statutes and international conventions, both the Central and the State Governments are expected to exercise those powers. Any delay or failure to act may give rise to an argument by an offender in future that a precedent is being set,”
— the Bench warned.
The Court pointed to the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, highlighting Section 4(1)(u), which enables authorities to claim damages for environmental harm and economic losses, including the destruction of commercially harvested fish. It also noted that the District Collector could be directed to initiate proceedings and even seek arrest of a sister vessel.
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Authorities were also asked to examine relevant sections of the Merchant Shipping Act, 1958, especially provisions relating to oil pollution, ship casualties, and civil liabilities for environmental damage.
In relation to a previous incident involving MSC ELSA-3, the Court was informed that a Cargo Manifest has been published by the Kerala State Disaster Management Authority, and an Expert Committee is evaluating ecological damage. An FIR has been filed under the Bharatiya Nyaya Sanhita, 2023, against the ship’s owners and crew.
“Substantial amount from the public exchequer will have to be, and is being spent. However, there are various statutory provisions and International Conventions which will enable the Government to proceed against the offending vessel and its owners through both, criminal and civil action,”
— the Court stated.
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The petitioner also sought registration of an FIR under the Environment (Protection) Act, 1986. The Court noted that the State will examine whether it is authorized to do so under Section 19 of the Act. If not, the Central Government will need to take action.
The matter is now posted for 19 June 2025. The petitioner has been granted permission to amend the writ petition and correct the name of a respondent. Advocate Arjun Sreedhar has been appointed as amicus curiae to assist the Court.
Case Title: T. N. Prathapan v Union of India and Others
Case No: WP (PIL) 50/ 2025
