The stage is not ripe for withdrawal of all criminal cases already registered against the agitators of Koodankulam Nuclear Power Plant (KKNPP), Advocate-General AL Somayaji told the first bench of Acting Chief Justice RK Agrawal and Justice M Sathiyanarayanan on Tuesday.
When three PILs from advocates Soundararajan and P Pugalenthi, came up on Tuesday, Somayaji, assisted by special government pleader I S Inbadurai, told the bench that the cases included snatching of a pistol from project personnel and staging of ‘marana porattam’. Protests were being carried out opposing the plant’s second unit as well.
There was one Mukilan, who was organising and orchestrating agitations in the villages.
In its order, the Supreme Court had only asked the State to make ‘endeavours’ to withdraw criminal cases. The agitators should also reciprocate the SC order by remaining peaceful and allowing the plant to operate. It was not a one-sided order to be followed by the government alone. At the moment, the atmosphere was not conducive to withdraw cases, the AG added.
Additional Solicitor General P Wilson said that there were threats to blow up the unit. The PILs were not maintainable, as the High Court was not an executing authority. When a petitioner alleged that there was violation of the orders of the Supreme Court, he must necessarily go to the Apex Court.
The ASG reiterated that all 15 conditions set by the SC had been complied with. The compliance reports of the Atomic Energy Regulatory Board (AERB), National Power Corporation of India Limited (NPCIL), TN Pollution Control Board (TNPCB) and the Union Ministry of Environment and Forest (MoEF) had been filed before the Apex Court. The first unit was already in the process of producing power. The Supreme Court had gone into the entire issue about the safety of the plant threadbare and concluded that the project had to be commenced.
Finally the bench reserved its orders on the petitions.