NEW DELHI: The Centre on Thursday informed the Supreme Court that the Ministry of Culture's “proposal to declare Ram Setu as a national monument and of national importance” is underway. Following this, the apex court granted former Rajya Sabha lawmaker Subramanian Swamy the liberty to submit a representation to the ministry.
This move by the Centre would jeopardize the Sethusamudram Shipping Canal Project. Tamil Nadu Chief Minister M K Stalin had recently demanded that the project should be revived for the benefit of Tamil Nadu and the country as a whole.
On Thursday, a bench comprising Chief Justice DY Chandrachud and Justice J B Pardiwala was hearing a PIL filed by Swamy seeking a direction from the Centre to engage the Geological Survey of India and Archaeological Survey of India to conduct a detailed survey with respect to Ram Setu as “ancient monument of national importance.”
The court said, "Learned Solicitor General (Tushar Mehta) states that a process is currently underway in the Ministry of Culture. He states that the petitioner (Swamy) may submit additional communication if he may so wish."
The court asked the Centre to take a decision on the issue and granted Swamy the liberty to move before it again if he is dissatisfied and disposed of his interim application on the issue.
"I do not want to meet anybody. We are in the same party, it was there in our manifesto. Let them decide in six weeks or whatever. I will come again," Swamy said.
Solicitor General Tushar Mehta submitted before the bench that the decision-making process was going on. “Your Lordship need not invest time. Central Government will take a call. Petitioner can make representation or send supplementary material if he so chooses,” Mehta further added.
At the outset of the brief hearing, Swamy said that in 2019, the then Culture Minister Prahlad Patel had called a meeting on the issue and had made a recommendation for declaring the Ram Sethu as a national heritage monument.
"The issue is that they have to say-- 'yes' or 'no'," he said.
The law officer said that the government was looking into it. The bench, which was sitting in a three-judge combination, said that Justice PS Narasimha will not be part of the proceedings as he had earlier appeared in the matter as a counsel earlier.
Consequently, the order was passed by the two judges, the CJI and Justice Pardiwala, in the case.
Ram Sethu, also known as Adam's bridge, is a chain of limestone shoals between Pamban Island, off the south-eastern coast of Tamil Nadu, and Mannar Island, off the north-western coast of Sri Lanka.
The BJP leader had submitted that he had already won the first round of the litigation in which the Centre accepted the existence of Ram Sethu.
He said the Union minister concerned had called a meeting in 2017 to consider his demand but nothing happened subsequently.
The BJP leader had raised the issue of declaring the Ram Sethu a national monument in his PIL against the controversial Sethusamudram Ship Channel project, initiated by the UPA-I government.
“The Central Government is duty bound to protect Ram-Setu from any form of misuse, pollution or desecration with respect to Section 16 of the said Act. It is also important to note that this archaeological site is a matter of faith of people treating Ram-Setu as a pilgrimage and all these archaeological studies and scientific findings are foundational evidence supplementing the existence of the man-made monument as a pilgrimage for worshipers,” Swamy, assisted by Advocate Satya Sabharwal, submitted before the court.
Tamil Nadu Chief Minister MK Stalin had recently moved a resolution in the state assembly seeking the revival of the controversial Sethusamudram Project. The canal project was put on hold by the Centre in 2007.
The matter reached the apex court and the court stayed work for the project on the Ram Sethu.
The Centre later said it had considered the "socio-economic disadvantages" of the project and was willing to explore another route to the shipping channel project without damaging the Ram Sethu.
"That the Government of India intends to explore an alternative to the earlier alignment of the Sethusamudram Ship Channel project without affecting/damaging the Adam's Bridge/Ram Sethu in the interest of the nation," the affidavit filed by the ministry had said.
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The court then asked the government to file a fresh affidavit.
The Sethusamudram shipping channel project has been facing protests from some political parties, environmentalists and certain Hindu religious groups.
Under the project, an 83 km water channel was to be created, linking Mannar with Palk Strait, by extensive dredging and removal of limestone shoals.
On November 13, 2019, the apex court granted the Centre six weeks to clarify its stand on the Ram Sethu. It had also granted Swamy liberty to approach the court if the response of the Centre was not filed.
(With inputs from PTI)