Brahmapuram Fire: Kerala Govt Suggests High Court To Constitute Special Bench To Consider Issues Under Solid Waste Management Rules

The Kerala government on Friday suggested the High Court to constitute a Special Bench for consideration of the Brahmapuram fire incident and other matters relating to Solid Waste Management Rules, 2016 (hereinafter, 'MSW Rules, 2016').

The above suggestion was made while the Court was considering the suo motu proceedings initiated by it in the wake of fire at the Brahmapuram Solid Waste Management Plant in March 2023.

The Division Bench comprising Chief Justice S.V.N. Bhatti and Justice Basant Balaji thereby directed the Registrar (Judicial) to take orders on the administrative side for constituting such a Special Bench, upon the submission made by the Advocate General in this regard. 

"Learned AG and other counsel appearing for the parties suggest that the time gap between one adjournment to other is reduced, the frequency of consideration is enhanced so that momentum gained is not lost. We appreciate the suggestion from more than one angle. Taking note of even the desire of the Government and also the Amicus Curiae, we are directing the Registrar (Judicial) to take orders on administrative side for constituting a Special Bench for Brahmapuram and issues relating to MSW Rules, 2016," the Court observed. 

The Court orally added that environmental matters already come up before the Chief Justice Court, and that the Special Bench shall consider the aforementioned specially assigned matters relating to the MSW Rules, 2016.

During the course of the hearing today, the Senior Government Pleader informed the Court regarding an Order of the Judicial First Class Magistrate Court -IX, Ernakulam, that had appeared to go against the High Court's Order dated May 23, 2023, regarding seizure of vehicles that were found to have indulged in illegal and unauthorized dumping of waste.

The High Court had directed that the offending vehicles shall be seized and handed over to the jurisdictional Police Officers for custody. It had further added therein that the vehicles shall be released upon due intimation to the Court by the respective District Collectors.

The Court noted in this regard that the intent of the Order was not that the vehicles should continuously be kept in the custody of the administration, but only whether the dumping of waste was legal or illegal. The Court added that if what was submitted by the Senior Government Pleader was found to be factually correct, it would amount to an act of indiscipline on part of the judicial officer. 

It thereby called upon the files of the case from lower court by Monday. It further called upon the judicial officer to render his explanation on the same through District Judge and the Registrar (Judiciary). "Need be, this Court will also be compelled to take further action if its not satisfied with the explanation that is placed on record by the Officer," Court added.

The matter has been posted for further consideration after 2 weeks. 

Case Title: Suo Motu v. State of Kerala