Prime Minister to decide on Sethusamudram project alignment
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30/07/2008
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Hindu (New Delhi)
J. Venkatesan
Union government will consider seriously Chief Justice of India's suggestion on alternative, says counsel Fali Nariman
New Delhi: Prime Minister Manmohan Singh is to take a decision on the feasibility, or otherwise, of an alternative alignment for implementing the Sethusamudram Shipping Channel Project, Fali Nariman, senior counsel for the Centre, told the Supreme Court on Tuesday.
He was responding to a suggestion made by Chief Justice K.G. Balakrishnan, who said on July 23: "Why can't you consider Alignment No. 4 with a little deviation from the Dhanuskodi point and you can avoid this bridge [Ramar Sethu]. The area is also away from the biopark.'
When Janata Party president Subramanian Swamy, one of the petitioners, sought to know the government stand on this suggestion, Mr. Nariman said: "I had taken up the matter with the Prime Minister. I told him if there is an alternative alignment, why should we hurt people's sentiments. We know it hurts people's sentiments. We are attempting to do something. It [the CJI's suggestion] is going to be taken up by the government seriously. I will respond to you once I get instructions by tomorrow [Wednesday].'
As for the plea decare Ramar Sethu a national monument, Mr. Nariman said, it did not fulfil the criteria. "We are clear in our stand that Ramar Sethu cannot be declared a national monument,' he told the three-judge Bench, which included Justices R.V. Raveendran and J.M. Panchal.
Referring to some of the petitioners' stand for a direction to the Centre to declare Ramar Sethu a national monument, Mr. Nariman said "no mandamus can be given for that. It is up to the Central Government to do so under a scheme and there are guidelines for that. Parliament has delegated this function to the government. It is possible to keep a monument as an archaeological site without declaring it a national monument. Mining or construction activity is still permissible at an archaeological site. It is an erroneous assumption that at an ancient archaeological site like Adam's Bridge no construction activity can be carried out.'
Consul reiterated that Lord Ram himself had destroyed Ramar Sethu.
No doubt, a sacred place
Mr. Nariman argued that the court could not decide on issues of faith. "One can understand if you say that it [destruction of Ramar Sethu] affects your sentiment and it should not be destroyed. AIADMK leader Jayalalithaa is right in saying it affects her sentiments. Ramar Sethu is a place of worship and it will continue to be so. It is a sacred place. Nobody doubts it. We respect people's sentiments. That is why I said the government will consider your Lordship's [CJI's] suggestion seriously. My point is how are we to take the issue of faith which is a superlative action [construction of Ramar Sethu] done in three days. How can the court decide on this issue and say