Can’t be oblivious to people’s concerns, says Supreme Court

NEW DELHI: The Supreme Court on Wednesday told Sterlite Copper, a Vedanta group firm, that it cannot be oblivious to wider concerns of the local community in Tamil Nadu’s Thoothukudi and will have to implement the environmental safeguards suggested by the proposed expert panel before its plant can be reopened.

The court had said on Feb 14 that a panel of domain experts may be set up to inspect the plant, suggest further compliance with green norms, and the way forward. The plant has been closed since May 2018 after 13 people were killed as police opened fire to quell a protest over alleged pollution caused by it.

A bench of Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra said keeping the plant shut would not serve any purpose but at the same time the court has to be mindful of public health and welfare. “They are voiceless people. We cannot be oblivious to the wider concerns of the community,” CJI Chandrachud said, adding, “We may not be able to direct that you start operating today but we can ensure that terms are put to you by an expert panel so that a red category industry can start on deposit of a certain amount and satisfying environmental safeguards.”

The bench told senior advocate Shyam Divan, appearing for the company, that it cannot fault the high court verdict which upheld the closure and said if there is a gas leak in the future the moral responsibility would lie with this court.

Divan, while suggesting the way forward, said the court may appoint a committee of experts comprising representatives of the Ministry of Environment, Forests and Climate Change (MoEF&CC), National Environmental Engineering Research Institute (NEERI), Central Pollution Control Board (CPCB), IIT, Tamil Nadu Pollution Control Board (TNPCB), Vedanta and three independent experts.

Senior advocate CS Vaidyanathan, appearing for the Tamil Nadu government, said the State government has decided that this industry cannot be allowed to operate and any committee formed cannot override the judgment of the High Court.

CJI Chandrachud said the committee will put terms before the company and it will be ensured that they are complied with.

The hearing remained inconclusive and would continue on Thursday.

HC adjourns PIL seeking to bookmurder charges against officials

The Chief Justice of the Madras High Court (MHC) adjourned the Public Interest Litigation (PIL) seeking to book a murder case against the police and revenue officials involved in anti-Sterlite protest firing at Thoothukudi after the State submitted counter.

The case was listed before the first division bench comprising Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy. Additional Advocate General (AAG) J Ravindran, appearing for the State, submitted that the criminal cases registered concerning the firing had been transferred to the CBI. The counsel for the petitioner, submitted that no police personnel were subjected to criminal prosecution, and sought time to file a rejoinder to the State’s counter. After the submission, the bench posted the matter on April 5.