Can’t cite legislation and order points when folks dying: SC to Tamil Nadu govt
The Supreme Court on Friday expressed displeasure over the Tamil Nadu authorities’s opposition to a proposal to reopen the Sterlite Copper plant in Thoothukudi district to fabricate medical oxygen to fulfill the shortfall for Covid-19 sufferers, saying that the state can’t cite legislation and order points at a time when individuals are dying attributable to oxygen scarcity.
“When people are dying, Tamil Nadu cannot say you cannot open because of law and order issue,” a bench headed by Chief Justice of India S A Bobde stated. “You please be sure that we are not interested if Vedanta Ltd (which owns the plant) or a, b, c, d runs it. We are concerned with oxygen being produced.”
The bench, additionally comprising Justices L Nageswara Rao and S Ravindra Bhat advised Senior Advocate C S Vaidyanathan, who appeared for the state authorities, “Why don’t you fulfil your responsibility in manufacturing oxygen? Just because you have a problem with Vedanta you will not manufacture oxygen? What kind of argument is this?”
Vaidyanathan advised the bench that the bottom scenario is such that there are apprehensions of legislation and order issues. In 2018, protests over the plant had led to deaths in police firing, he identified, including the state didn’t need a repeat of such cases.
When the bench requested why the state couldn’t take over and make oxygen, Senior Advocate Colin Gonsalves stated that Tamil Nadu had taken over the plant because the final three years.
CJI Bobde responded, “The whole point is Indians need it. This is no way to look at it just because you are in surplus and will not manufacture…Constitution says material resources have to be equitably distributed.”
Vaidyanathan sought some extra time to seek the advice of with the state and get again to court docket. He additionally identified that even the Centre can run the plant below the Disaster Management Act.
Agreeing to the request for time, the court docket requested the Tamil Nadu authorities to file an affidavit and stuck the matter for listening to on April 26.
