New Delhi: The Supreme Court on Monday, while refusing to entertain pleas seeking its intervention to declare the Joshimath issue a national disaster, asked the petitioner Swami Avimukteshwaranand Saraswati to approach the Uttarakhand High Court. The apex court also took note of the fact that the application is pending with the Uttarakhand High Court, even as it had earlier stated that the matter pertains to 'democratically elected institutions constituted to look into these matters' and that not all the issues should come to the Supreme Court.
"As a matter of principle, we should allow the High Court to deal with this. High Court is seized of a broad range of issues, we'll give you liberty to approach the High Court. The specific aspects which have been highlighted in these proceedings can be addressed before the high court for suitable redressal. We accordingly permit the petitioners either to institute a substantive petition before the high court so that it can be together with pending proceedings or intervene in the pending matter. The high court is requested to consider the grievance," the bench headed by Chief Justice D Y Chandrachud and comprising Justices P S Narasimha and J B Pardiwala said.
The counsel for the Uttarakhand government submitted all the points raised by the petitioner have already been acted upon. Senior advocate Sushil Kumar Jain, appearing for the petitioner, said people are dying and urgent steps are needed for relief and rehabilitation of those affected by ground subsidence. The bench then slated the counsel as he kept making submissions even though CJI Chandrachud had offered him a solution. "You don’t want to use this proceeding for social media sound bytes," the CJI told him.
Earlier in the day, Chief Justice of India DY Chandrachud asked if the Uttarakhand High Court has taken note of the plea seeking SC's intervention in the declaration of the land subsidence in Uttarakhand’s Joshimath town as a national disaster. He further demanded that his question be verified and reported back to the Supreme Court by 2 pm as the matter cannot be looked into by any High Court once the Supreme Court intervenes.
"Has the Uttarakhand HC taken note of it (the plea)? Please verify and come back to us at 2 pm. Because once we intervene, the HC cannot look into it," the Chief Justice said, while the Supreme Court is scheduled to hear the plea today.
Earlier on January 10, the apex court had refused an urgent hearing of the plea, citing that the matter pertains to 'democratically elected institutions' constituted to look into these matters and that not all the issues should come to the Supreme Court. "Everything important need not come to us. There are democratically elected institutions to look into it. We will list it on January 16," the CJI had said.
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Petitioner Swami Avimukteshwaranand Saraswat has contended that large-scale industrialization in the areas has led to the disaster and has thereby sought immediate financial assistance and monetary compensation to the residents of Uttarakhand. It has further asked for support from the National Disaster Management Authority (NDRA). "No development is needed at the cost of human life and their ecosystem and if any such thing is to happen, then it is the duty of the State and Union government to stop the same immediately at war level," the plea read.
Joshimath, a famous site of pilgrimage in Uttarakhand, experienced devastating repercussions of land subsidence after huge cracks started appearing on the land and walls of streets and houses in the town. Joshimath is sinking with many residents there rehabilitated so far
