E-Paper
SC allows Centre to take call on Ram Sethu as heritage monument
Solicitor General Tushar Mehta informed the Supreme Court that the process in this regard was currently underway in the Ministry of Culture
The Supreme Court on Thursday left the question of declaring Ram Sethu as an ancient monument of national importance to the Centre after Solicitor General Tushar Mehta informed the court that the process in this regard was currently underway in the Ministry of Culture.
With the issue brought to the court by Bharatiya Janata Party (BJP) leader Subramanian Swamy through an application filed in 2019, the bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud decided the same by allowing Swamy to submit any additional material or communication on this subject to the Ministry.
The bench, also comprising justices PS Narasimha and JB Pardiwala said, “The Solicitor General states that the process (of declaring Ram Sethu a national monument) is currently underway in the Ministry of Culture. If the petitioner (Swamy) so desires, he may submit additional material or communication, as he may wish, to the Ministry.”
On several occasions in the past, the court had granted time to the Centre for filing its response to Swamy’s plea. Appearing in person along with advocate Satya Sabharwal assisting him, Swamy said, “Why are they (Centre) dragging their feet. We are in the same (political) party. It is in the manifesto (of the BJP). They are violating the manifesto.”
Mehta told the court, “As the process (of decision making) is going on, the court may not invest time on it. The Centre will take a call. If the petitioner chooses, he may make a representation if he so chooses.”
The court asked the Centre to inform Swamy on how the process has culminated and allowed the former Union minister to take “appropriate legal recourse” if his grievance still subsists.
Swamy told the court that the Ministry may designate a person to interact as his application has been pending since 2019 on which the Centre has not responded. He informed the court that when Prahlad Singh Patel was the culture minister in 2019, a meeting of all departments was called where this matter was discussed.
Mehta told the court that Swamy would be at liberty to seek a personal meeting with the minister. Swamy declined stating that he was not interested to meet anyone. He told the court that if a decision is not taken by the Centre, he will prefer to again approach the court.
Swamy had first approached the Madras high court in 2007 with a plea to protect the Ram Sethu when the controversial Sethusamudram ship channel project was proposed by the Union government. This project envisaged a 83-km-long channel through the sea linking Mannar with Palk Strait. His petition got transferred to the Supreme Court which was hearing a similar petition in this regard.
Swamy alleged that the dredging work would cause damage to the Ram Sethu which is a formation of limestone shoals. As per Hindu mythology and references in the Ramayana, Lord Ram along with allies created the bridge while on his way to Lanka to rescue his wife Sita from Ravana’s captivity.
The project was inaugurated in 2005 by then prime minister Manmohan Singh and the Congress-led United Progressive Alliance government that was in power at the time. The current government - led by the BJP - said it had considered ‘socio-economic disadvantages’ and is willing to explore a route that does not damage Ram Sethu.
In August 2007, the top court stayed any plan to demolish or damage the Sethu till the Centre in 2018 told the court that the “Ram Sethu will not be touched.”
Swamy’s plea stated that the Ram Sethu fulfilled all criteria under the Ancient Monuments and Archeological Sites and Remains Act, 1958 to be called an ancient monument as it has a historical, archaeological or artistic interest to it. Referring to historical and religious texts, Swamy said, “This archaeological site is a matter of faith and ‘shradha’ (belief) of people treating Ram Sethu as a pilgrimage and all these archaeological studies and scientific findings are foundational evidence supplementing the existence of the man-made monument as a pilgrimage for worshippers.”
The application filed by Swamy also sought directions to the Geological Survey of India and Archaeological Survey of India to carry out a detailed survey of the site and take steps to protect and preserve it as a “monument of national importance”.
