Vizhinjam Protests: Kerala High Court Asks Union And State Whether Central Forces Can Be Deployed At Port Area

In light of the ongoing protests at Vizhinjam that took a violent turn last Sunday, the Kerala High Court has asked the Additional Solicitor General for India to get instructions regarding deployment of Central forces to maintain security in the port area.

Justice Anu Sivaraman directed both the State Government and the Central Government to discuss the matter and inform the Court regarding the steps taken. 

The counsel for Adani Ports today submitted that Central Government is duty-bound to implement various orders passed by the Court for maintaining law and order in the area. He pointed that while the affidavit filed by State authorities detail the steps taken, "the second part regarding the entry and exit into the project site, is not being addressed at all". He said that protestors' demand that construction work at the port be stalled is "unreasonable" and argued in favour of deployment of Central forces.

The Counsel added, "If the police is not in a position to give the protection, and at the same time, rule of law demands that the orders of the Court be protected, if that be so, it is only imperative that we seek assistance of Central force, which is a force of our country." He thus pleaded that at least the port area be guarded by the Central forces, while the remaining could be guarded by the police. 

Finding no resistance from the State in this regard, the Court orally observed, "Question is whether in the port area, even without such a request being made, the Central forces could maintain security in the port area."

The matter is now listed on Wednesday, December 7.

Last week, the Court had directed that all appropriate steps ought to be taken in light of the protests which broke out on 27th and 28th November. 

Despite the express assurance given to the Court that heavy vehicles carrying construction materials would be permitted to enter the port site, protestors attacked the vehicle on 27th November, 2022. Clashes had broken out between the protestors, ie, the Latin Catholic Church led Vizhinjam agitation committee, and the supporters of the Vizhinjam project, namely, the People Collective of Mulloor. The police had also registered cases against both factions for destroying public property worth Rs. 2 Lakh. Many police personnel and others were also injured in the violence that ensued.

Advocates Roshen D. Alexander, Tina Alex Thomas, Harimohan M., Roshen & Roshen Advocates appeared on behalf of the petitioners. State Attorney and Government Pleader N. Manoj Kumar; Senior Advocate V.J. Mathew, and Advocates Vipin P. Varghese, Adarsh Mathew, Kevin Mathew George, Meera Elsa George, and Merlin Mathew appeared on behalf of the various respondents.

Case Title: M/S Adani Vizhinjam Ports Pvt Ltd & Ors v. Dr. V.P. Joy IAS & Ors. and other connected cases

Click Here To Read/Download The Order