Why prohibitory orders are not clamped, asks Kerala HC after protest in Vizhinjam port

Denies govt more time to respond to queries on steps taken to contain protests. Says orders are being flouted without any demur
A police vehicle that was overturned by protesters at Vizhinjam. (Photo | EPS)
A police vehicle that was overturned by protesters at Vizhinjam. (Photo | EPS)

KOCHI: The High Court on Monday asked the state government why tough measures, including order prohibiting public gatherings under Section 144 of CrPC, are not clamped in the Vizhinjam port site, where protests and violence disrupted the construction of the Adani Group’s mega transhipment terminal project. The court also denied the government more time to respond to the queries on the steps taken to contain the protests. It posted the matter for hearing on Friday.

The court issued the order on the contempt petition filed by Adani Vizhinjam Port Pvt Ltd for not implementing the court order directing to provide police protection for construction work.

“The orders of the court are being flouted without any demur,” said Justice Anu Sivaraman, referring to its earlier order directing protesters to comply with its orders for unhindered ingress and egress at the Adani project site.

“I want to know the steps taken by the government (to contain the protests),” the court observed, pointing out the provisions of ordering emergency prohibition orders under Section 144 CrPC.

The court made the observation when the state government’s counsel informed that it was filing a report regarding the steps taken to ensure the smooth functioning of work at the port site.

The court also asked the government who was liable for the damages caused by the protesters. When the agitators are liable, the court said, the instigators are liable, too.

When Adani Group’s counsel made a submission that the state police were incapable of averting the situation, the government submitted that even if central forces are called, the same would happen. Suddenly, the Centre’s counsel retorted that state attorneys need not opine about what central forces can do.

“The state government need not make any unwanted predictions and speculations,” the Centre’s counsel said.

GOVT STANCE UNJUSTIFIABLE: KCBC
Kochi:
The Kerala Catholic Bishops’ Council (KCBC) on Monday termed as “unjustifiable” the state and Union governments’ stance to ignore the genuine demands of the protests led by the Thiruvananthapuram archdiocese to find a solution to their concerns arising out of the construction of the Vizhinjam seaport. In a statement, KCBC spokesperson Fr Jacob G Palackappilly said the incidents at the worksite on Sunday were “unfortunate”. The council also condemned the police action against Archbishop Thomas J Netto and Auxiliary Bishop Christudas Rajappan.

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