Greens See Red Over CJI’s Remarks on Environmental Petitions ‘Stalling’ Development

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Bengaluru: More than 600 citizens and civil society groups wrote to Chief Justice of India Surya Kant on Friday, May 22, taking exception to his remarks on May 11 criticising environmentalists for filing petitions in courts and for suggesting that they are stalling development. ‘Environmentalist’ is not a term to delegitimise efforts to protect India’s natural wealth for its citizens and the Supreme Court should withdraw the oral remarks made by Kant, it said.

On the same day, the Constitutional Conduct Group (a collective of former government officials) also wrote to the CJI expressing its “deep concern” at his “disparaging remarks”.

Here are the CJI’s comments that caused these sharp responses:

“Show us even a single project in this country where these alleged environmental activists have said that we welcome this project. Country is progressing well, we welcome this project. Everything you drag to the court,” a bench comprising CJI Kant and Justice Joymalya Bagchi said on May 11. It was hearing a petition challenging the expansion of Pipavav Port in Gujarat, which the National Green Tribunal (NGT) had cleared. The Wire has learnt that the petitioner is a member of the local community living near Pipavav Port.

“In this country, the kind of litigations that are filed only to stall all development projects, that is the whole problem,” the bench allegedly said.

The bench is also reported to have added: “You also state you went to NGT and unfortunately that creates lot of doubts on bona fides. You don’t go to any expert agency, you don’t go to any authority pointing out that look here, this is your report submitted. I am an expert, I find that these are the deficiencies in your report, if at all you are expert. You are some RTI activist, you are so-and-so activist, an environmentalist, you have so many degrees. I’m RTI activist, I’m environmentalist, I’m social activist, I’m so-and-so activist. Jahan daav lage wahin?”

‘Highly objectionable’, ‘disturbing’

The above remarks are “highly objectionable and disturbing”, the letter addressed to the Chief Justice on May 22 said.

This letter has been endorsed by 533 citizens including farmers, lawyers, social and environmental activists, academics, scientists, wildlife biologists, conservationists, educators, engineers, architects and students. Nearly 50 organisations and collectives are also signatory to the letter. These include the Himdhara Environment Research and Action Collective and the Joshimath Bachao Sangharsh Samiti in Uttarakhand, the pan-India National Alliance for Climate and Ecological Justice and Vanashakti, a Mumbai-based NGO that has filed numerous petitions in courts for environment protection.

Cracks on a house in Joshimath, Uttarakhand, January 2023. Cracks developed as a result of massive construction, including for a hydel project being built despite warnings against heavy construction in the fragile ecosystem. Photo: Twitter/@LicypriyaK

The CJI’s remarks........

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