SC refuses to consider plea against pen statue in memory of DMK patriarch Karunanidhi

The SC said it is not inclined to entertain political battles.

The Supreme Court on Tuesday declined to consider a plea challenging the DMK government's decision to set up an off-shore pen memorial project in memory of its patriarch and former Tamil Nadu Chief Minister M Karunanidhi.

A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said that if this is a political petition, the apex court is not the forum to fight such political battles. The court told Nallathami, the petitioner to fight this battle elsewhere.

Senior advocate P Wilson, appearing for the DMK government, contended that the plea before the court is a politically motivated petition, which is being fought in the garb of concern for fishermen’s livelihoods.

Senior advocate Siddharth Dave, appearing for the petitioner, who filed the plea on behalf some of the fishermen, questioned and proposed the Rs 81 crore, 42 metre-tall pen monument located 360 metres off the Bay of Bengal coast, contending that the monument would cause environmental damage and loss of livelihoods.

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The bench declined to entertain the petition.

“If this is about environmental concerns, why cannot the NGT (National Green Tribunal) hear it? Why should everything come directly to the Supreme Court,” the bench asked.

Dave contended that the PIL has been filed by the fishermen to enforce their fundamental right to livelihood, and it can be directly maintained before the top court.

Wilson submitted that the NGT is seized of the matter and the state government has received a coastal regulation zones (CRZ) clearance along with the other approvals for the monument.

Dave, for his part, claimed that the monument, which proposes to reclaim half an acre of land from the sea, would spell disaster for the ecosystem.

Wilson submitted that the state government had carried out the consultation process. However, the people who objected to the monument did not participate in the public hearing.

The bench also asked why the High Court cannot hear this matter, if it is about fundamental rights. It also said the petitioner can move the NGT if it is related to environmental issue.

The petitioner finally preferred to withdraw the plea. The court also refused to consider an impleadment application by former Fisheries Minister and AIADMK leader Jayakumar.