People are dying for oxygen: SC to TN Govt on reopening of Vedanta plant

The bench, led by Chief Justice of India SA Bobde, took a dim view of the state government’s submission that letting the plant function will create law and order problems.

People are dying for want of oxygen, said the Supreme Court on Friday, questioning the Tamil Nadu government for opposing the reopening of Vedanta’s Sterlite copper unit at Thoothukudi only to produce medical oxygen.

The plant was shut down in May 2018 after 13 civilians were shot dead in the anti-Sterlite protests in Thoothukudi.

The bench, led by Chief Justice of India SA Bobde, took a dim view of the state government’s submission that letting the plant function will create law and order problems.

“When people are dying, can a state say we will still not run it because there could be law and order problems or that Vedanta did this and that? People are dying for want of oxygen. Somebody has to take the responsibility,” observed the bench, which also included justices L Nageswara Rao and S Ravindra Bhat.

“Just because they (state government) have a problem with Vedanta, they will let people die. What is this? We have never heard this kind of an argument by a state before,” lamented the bench, as it sought a categorical answer from the state government by Monday on whether it would let Vedanta operate or if the state was willing to take over the plant to produce the oxygen on its own.

The plant was shut down in May 2018 after 13 civilians were shot dead in the anti-Sterlite protests in Thoothukudi. The Madras high court in August 2020 rejected Vedanta’s petition to reopen the plant, citing environmental concerns. The SC has also rejected requests to reopen the plant for a trial run.

However, a fresh plea by Vedanta, argued by senior advocate Harish Salve, urged the court to let it make only the oxygen plant in Thoothukudi functional so that it could provide free of cost thousands of tonnes of oxygen for medical purposes to combat the shortage of oxygen.

The central government, through solicitor general Tushar Mehta, has also supported Vedanta’s application citing the dire need for medical oxygen due to the surge in infections during the second Covid-19 wave.

But representing the state government, senior advocate CS Vaidyanathan resisted the plea, submitting there was a total lack of confidence among local people after the shooting incident and any attempt to reopen the plant will impact the law and order in the area.

Senior advocate Colin Gonsalves, appearing for the organisation of affected families, also submitted that people have a lot of anger against the plant while adding that Tamil Nadu had surplus oxygen and hence, there was no need to reopen the plant.

However, the CJI was unimpressed with the grounds of opposition: “It is not just about Tamil Nadu. The whole country needs it. With respect to everyone’s sentiments, this may not be right to say because we are in surplus we don’t want to produce more.”

The bench further reminded the Tamil Nadu government of the constitutional provisions on the directive principles of state policy. “The material resources should be distributed equitably. I am sure the Tamil Nadu government also understands this. We are not on who will produce. Let Tamil Nadu government produce it if they have a problem with Vedanta.”

On being asked if the state government was willing to operate the plant, Vaidyanathan said even the Centre could take over the plant but he would need some time to obtain instructions regarding this.

The bench then told Vaidyanthan that the state could not allow people to die just because it had a problem with Vedanta. Vaidyanthan said he would file a proper affidavit in this regard by Monday.

On Thursday, Salve had made a request on behalf of Vedanta for reopening the Sterlite Copper plant to produce and supply oxygen for Covid-19 patients. He argued, “People are dying everyday. We want this permission only for starting the oxygen plant. And we will supply it free of cost. Give us the permission today and we can start producing it in 5-6 days.”

The S-G too cited the dire need for medical oxygen, saying, “Let Vedanta operate its plant only for the purpose of producing oxygen and this will be diverted only for medical purposes. Sooner the plant starts functioning, better for the country.”

Mehta had said between protecting human life and the environment, they must lean toward protecting human lives.