The Madras High Court today directed Tamil Nadu Government to act in accordance with the direction 14 of the Supreme Court order of May six which stated that endeavour should be made to withdraw cases filed against anti-Kundankulam Nuclear Power Plant protestors.
Disposing a petition filed by Pughalenthi, an advocate, the first bench comprising Acting Chief Justice R K Agrawal and Justice M Sathyanarayana observed that the apprehension of the state government to postpone/defer the withdrawal of cases cannot be said to be a malafide.
While concurring with the submissions made by Advocate General A l Somayaji, the bench observed that the state government was under obligation to maintain law and order and taking into consideration the situation prevalent in and around the KNPP and in view of the continuous agitations by the residents in the area, the government has taken a decision to postpone or defer the withdrawal of cases filed against the agitators.
However, the bench directed the state Home Secretary to act in accordance with the direction of the Supreme Court that an endeavour shall be made to withdraw the cases filed against the agitators.
The bench also dismissed two other petitions filed by one G Sunderajan to declare that the clearance granted by the AERB for first approach criticality of unit one on July 11 as null and void and to direct the power plant to comply with all the 15 directions of the apex court.
The bench observed that the perusal of documents filed by the AERB and others disclosed that the pre-operational directions issued by the apex court have been complied with.
If the petitioner has any grievance, it was always open to him to move the apex court and bring it to its notice.
The Judges also made it clear that the High Court cannot interpret the orders passed by the apex court.
A petition was filed in the High Court on July 17 against commissioning of KNPP on the ground that authorities had not complied with the 15 directions laid down by the apex court while giving the green signal for the project.
The Division Bench then posted it for hearing by the first bench which was seized of matters relating to the KNPP.
Tamil Nadu government had on July 23 informed the High Court that it could not withdraw the criminal cases as the situation in that town was not conducive for doing so.
Somayaji had pointed out the agitators continued their stir even after Supreme Court's go ahead to KNPP and they should reciprocate the ruling by agreeing to remain peaceful and allow the plant to operate.
P Wilson, Additional Solicitor-General of India, had said central and state agencies like AERB,Nuclear Power Corporation of India and state Pollution Control Board and environment Ministry had filed separate reports since July 4.
There was no violation of the 15-point guidelines and these reports had been filed before the Apex Court registry, as directed by it.
The ASG also said there was a serious threat to KNPP from agitators and officials were being stopped from discharging their duties.
Counsel for petitioner had contended that two key guidelines – relating to safety review and inclusion of Kanyakumari district in the disaster management scheme - had not been complied with by the authorities.