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LATEST NEWS UPDATES | For Centre, SC the only court: Madras HC-A Subramani

For Centre, SC the only court: Madras HC-A Subramani

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published Published on Aug 17, 2012   modified Modified on Aug 17, 2012
-The Times of India

CHENNAI: How can a Union minister go around issuing statements on the commissioning of the Kudankulam nuclear power plant when a court is still seized of the matter, the Madras high court asked on Thursday. 

"He says the plant is going to be opened shortly. If that is so, why do you come to court?" asked a bench of Justices P Jyothimani and P Devadoss. Though the bench did not name anyone, it was probably referring to the statements of MoS in the PMO, V Narayanasamy. 

Indicating poor assistance for the court from the Centre in adjudicating the sensitive case, the judges said the Union government did not represent itself properly in the court. 

Noting that the cases relating to the nuclear facility came under the portfolio of the Prime Minister, and that the cases were heard for more than one and a half months regularly, the judges flayed the Centre for not taking the case seriously. They said the government of India was making a mockery of the Madras high court. "The Centre thinks that only the Supreme Court is a court and that Madras high court is not a court at all," they said. 

What is the purpose of hearing the case for so long, the judges wondered, adding that if such indifference continued they would not hesitate to pull out of the hearing. In this regard, they pointed out that the court had reserved the orders in the matter after a detailed hearing and that nearly 200 pages of the judgment had been dictated, too. 

The livid judges did not even spare the Tamil Nadu Pollution Control Board (TNPCB). Referring to the board's order that the sea water at the point where plant effluent is released could go up to around 45 degrees Celsius, Justice Jyothimani sought to know as to how marine life could survive in such a high temperature. Pointing out that it was a nuclear plant, the judge said the TNPCB should not treat it like a regular industry or an effluent treatment plant. This is a nuclear facility and it requires special guidelines, the HC said. 

The petitioners, too, came under fire. The judges said the activists could not go on filing fresh petitions even after the orders are reserved. "It is improper and anti-national." As for a report relied on by another petitioner, the judges said the US-based agency's report was absurd and irrelevant.


The Times of India, 17 August, 2012, http://timesofindia.indiatimes.com/india/For-Centre-SC-the-only-court-Madras-HC/articleshow/15525114.cms


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