People Are Dying, Law & Order Not An Excuse For Not Re-Opening The Plant: Supreme Court Asks TN Govt To File Affidavit In Vedanta's Plea To Produce Oxygen

A Bench led by CJI SA Bobde has asked the State Government to file its affidavit in the matter by Monday.

The Bench did not appreciate the opposition expressed by the State Government for re-opening the plant citing law and order situation.

"When people are dying, Tamil Nadu cannot say you cannot open because of law and order issue. It is not about Vedanta or any other company. State Government cannot make such an argument," the CJI remarked.

Senior Advocate CS Vaidyanathan, appearing for Tamil Nadu Government, had opposed Vedanta's plea. He submitted that people have resentment against Vedanta.

"There is total lack of confidence among local people. There was a shooting incident which killed 13 people. There will be law and order issues if Vedanta opens the plant. District administration will find it difficult to handle," he submitted.

Senior Advocate Colin Gonsalves, appearing for organization of affected families, also submitted that people have a lot of anger against the plant. Gonsalves also referred to the submission made by Tamil Nadu Advocate General before Madras High Court that the state had surplus oxygen. So, there was no need to re-open the pant, he said.

"It is not just about Tamil Nadu. The whole country needs it", CJI replied.

"The country is in dire need of oxygen. Different states need it. For example, Orissa can come to Rajasthan for oxygen. Law and order issues cannot be an excuse. Why should not we use the capacity when every MT of oxygen matters?," the Solicitor General on the other hand argued, rooting for reopening of the plant to meet the incumbent shortage of medical Oxygen.

During the hearing, the Tamil Nadu Government also suggested that the Central Government may take over the plant. "Even Central Govt has power to take over the NDMA," Vaidyanathan told the Bench.

However, the CJI pulled up the State for shifting the burden, and asked them to file a reply taking a firm stand.

In December last year, the Supreme Court(bench led by Justice RF Nariman) had rejected the interim plea made by the Vedanta for allowing it to re-open the plan. A second application made by the company with the same demand was also rejected by the Supreme Court in January this year.

The company had moved the top court challenging the Madras High Court verdict of August 2020 that dismissed Vedanta's writ petition to reopen its copper smelter and upheld the state government's decision to shut it down.