When people are dying, law & order not an excuse: SC chides TN Govt

Hearing an interim plea filed by Vedanta to allow it reopen Sterlite copper unit, a bench headed by Chief Justice S.A. Bobde said that the Tamil Nadu Government cannot take law-and-order as an excuse for not allowing the company to reopen its plant.

New Delhi: The Supreme Court on Friday expressed its dissatisfaction with Tamil Nadu government's stand that the Vedanta's oxygen plant cannot be reopened due to potential law and order problem.

A bench headed by Chief Justice S.A. Bobde said: "Please understand that a state cannot say that we can't allow the plant to run because there is law and order problem..you won't allow Vedanta and let people die? I have never heard such argument from a state."

The bench also comprising Justices L. Nageswara Rao and S. Ravindra said if Vedanta cannot be allowed to run the plant, then the Tamil Nadu government should take over it for oxygen production amid the COVID-19 crisis.

Senior Advocate C.S. Vaidyanathan, representing Tamil Nadu government, contended before the court that there will be law and order problem if they allow Vedanta to reopen the plant and they don't want the "remedy worse than disease".

"There was a shooting incident which killed 13 people, district administration will find it difficult to handle", said Vaidyanathan.

Solicitor General Tushar Mehta, representing the Centre, submitted, "the country is in dire need of oxygen. Different states need it..law and order cannot be an excuse."

Mehta supported the re-opening of Vedanta plant to meet the medical oxygen shortage.

During the hearing, the top court suggested the Tamil Nadu government to take over and produce medical oxygen. The top court said "Why don't you fulfil your responsibility in manufacturing oxygen? Just because you have problem with Vedanta you will not manufacture oxygen. What kind of argument is this?"

The bench emphasized it is not concerned who runs the plant, instead the court is interested in ensuring oxygen is produced at the plant.

A counsel in the matter said Tamil Nadu is not manufacturing oxygen because it is an oxygen surplus state, which was recorded in an order passed by Madras High Court on Thursday.

However, the bench responded that other states' need of oxygen and resources of the country should be distributed equally, which is a directive principle of state policy under the Constitution.

The top court asked the Tamil Nadu government to file an affidavit in the matter by Monday.

Since, it was CJI SA Bobde's last working day the case now will be heard by a different bench next week.

Tuticorin plant closure: Timeline

In May 2018, the Tamil Nadu Pollution Control Board (TNPCB) directed Vedanta to shut down the plant days after violent protests against the unit which left 13 people dead in a police firing.

Contesting the order, Vedanta approached the National Green Tribunal (NGT) which decided in the company’s favour in December 2018.

Later, the case reached the Madras High Court. In August 2020, after nearly a year-long hearing, the court up held the TNPCB’s order to shut down the plant on environmental concerns.

The same month, Vedanta approached Supreme Court contesting the Madras High Court order. At present, the case is pending with the apex court.

(With Agency Inputs)