A multi-faceted legal genius, Justice AS Naidu is a well-known name among judicial circles nationwide. After having his llB degree from the MS law College Cuttack, he joined the Bar in 1973. Under the guidance of former Advocate General late Srikanta Mohanti, he began practising law in the Orissa High Court as a fish takes to water. Soon, he had a flourishing practice in Civil, Criminal, Constitutional, Revenue and allied matters in original and appellate forums. He was then appointed as Additional Government Advocate for the State from 1988. He was also retainer counsel of the State Election Commission, the Hindu Religious Endowments Department, the Odisha Sewerage Board, the lIC of India, the National Project Corporation, different municipalities of the State etc., etc. He has left his indelible imprints over many organisations of repute like Cotton Corporation of India, Utkal University, Calcutta University, Kalinga Iron Works, Odisha Cricket Association, Odisha Hockey Federation, Central Bank of India, UCO Bank and different Urban Cooperative Banks of the State, Council for Homeopathic Research, New Delhi, Odisha Rural Housing Development Corporation, National Federation of Fishermen’s Cooperative ltd, New Delhi and Orissa State Agricultural Marketing Board as he had represented them as a lawyer successfully. He was also specially appointed as counsel for the State for conducting several judicial Commissions of Inquiry set up by the Government such as Justice Dr BN Mishra (former Chief Justice of Sikkim High Court) Commission to inquire into the police atrocity on women at Jayashankarpur, Paradip, Commission for inquiring into the indiscriminate police firing at Baripada and judicial inquiry into the custodial death at the Balikuda PS, Jagatsinghpur. He was then elevated as a justice of the Orissa High Court in 2000 and superannuated in 2010. As an erudite scholar, he was also appointed as an adjunct Professor of law at National law University, Odisha. He also headed the liquor Tragedy Commission in 2012. Subsequently, he joined the National Green Tribunal as a judicial member in 2011 and was elevated as its acting Chairperson in 2012. He was also very much in the news for having led the sensitive Kandhamal Commission of Inquiry in 2012. In an interview to The Pioneer, Justice Naidu spoke to Sugyan Choudhury at his Cuttack residence on topics of much value and interest relating to the Green Tribunal.
What necessitated the creation of a Green Tribunal in the countryIJ
When there were increasing reports of disturbing environmental degradation worldwide, when global warming started increasing, everyone felt that something was urgently needed to deal with such a menace staring at our planet. Consequently, the Rio de Janeiro convention was held in 1992 where it was decided that there should be a specialised court in each country to hear disputes arising out of the environmental issues. Thus, our NGT was established. The peculiarity of the NGT is that it is headed by a judicial member carrying other members from various fields of expertise like scientists, professors, environmental experts. After the Bhopal Gas tragedy, the need of a forum as the NGT was also felt necessary.
How far the polluters pay principle has been enforced in our countryIJ
Yes, the NGT always looks into three angles while deciding a case. The first one is sustainable development, the second is precautionary principles and the third is polluters’ pay principle. If a person or an organisation is found responsible for polluting air, water and environment, he, she or they or the organisation is or are held responsible for curing it or to rectify it or to bring back the environment to its original position. The polluters’ pay principle a specialised branch on which the NGT has done a lot many works. I remember many such cases when the NGT took up against pollution of riverbeds dying of banyans and acted against groundwater pollution. I also remember how Justice Bal Subramaniam of the Supreme Court imposed heavy fines on polluters. Recently, the NGT also decisively intervened on an issue of environmental water pollution at Yamuna river arising out of a religious congregation convened by Shree Shree Ravishankar and imposed Rs five crore or so besides coming down heavily on various governmental agencies for having accorded permission to the effect. Thus, the polluters’ pay principle has been invoked and regular orders have been passed against the polluters.
How far are the NGT orders implementedIJ
The NGT is like any other court of law and its judgments are binding and implemented through local courts or magistrates. The NGT has vast power and can seal, can prohibit a person from operating; it can recommend the Government to prohibit a person from operating industries to rectify or to rectify the environment provided it is satisfied that they are inflicting injury on the environment. You cannot say the orders of the NGT are not being implemented. Of course as regards contempt, the NGT can refer the matter to the Supreme Court for drawing contempt proceedings.
Do you believe the green laws should be made more draconian to deal with the offenders in order to build our country green on the model of Bhutan, Australia and New ZealandIJ
The word ‘draconian’ may not be correct here for the NGT as its constitution and aims and objectives are to protect the environment or the Panchabhuta, the five basic elements like Kshit, Appa, Tej, Marut, Byoma, i.e, earth, water, light, air and ether. The forest is one of our important and indispensable assets, which needs to be protected. If a person brings to the notice of the tribunal that the environment is in danger, the tribunal has powers to act suo motu and draw proceedings. Therefore, the word draconian here in this context may not be correct, but the NGT helps the environment grow. Our problems are different from Bhutan, Australia and New Zealand both historically and geographically. India is a vast developing country where pollutions are natural, but the NGT keeps a strict vigil to bring the pollution level down to the minimum. The NGT always insists that precautionary measures be strictly implemented by a person or an industrialist so that the pollution level always comes down.
Could your lordship please share with us some of your epoch-making judgments during your tenure in the NGTIJ
Yes, we have passed many judgments which are memorable ones. I have dealt the Himachal Pradesh garbage fire case that spread even to the HP High Court buildings. I have passed orders for a treatment plant as per scientific practice and it was done. I have also issued many directives towards immersion of deities in Kolkata after the Durga Puja and past orders to the Coca Cola company against groundwater pollution as lead was there. We have also passed directives to the Mumbai police not to use sirens at midnight in case they were not chasing a criminal and directives to ambulance in Mumbai metropolis not to use sirens if they were not carrying a patient to hospital. Even, our famous Bali Yatra at Cuttack was deferred owing to river pollution.
What are your observations for improving the work culture and environment of the NGTIJ
As you know, in the NGT we are having creams of the society as members like creams of IITs, environmental experts, professors of repute, Supreme Court judges and the like. The non-judicial members are also picked up not only by their experiences and expertise but also they are picked up after a rigorous interview. Sometimes, the Government’s apathy and sympathy, delay in appointment of members or in granting some facilities affect the work culture, but this is not the end of the beginning but a beginning towards the end. If our people are aware of the presence of the NGT watching them, awareness is created for preserving and protecting our environment in its purity and grandeur. That itself is the greatest bonanza that the NGT can provide.