'Why Are You Dragging Your Feet?': Supreme Court Pulls Up Centre For Not Filing Reply To Plea Seeking National Heritage Status For Ram Setu

At the outset Dr. Swamy appearing in person apprised the Bench comprising CJI, Justice D. Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala that an adjournment letter has been circulated by the Union Government. He submitted that on several occasions the Apex Court had directed the Union Government to file the counter affidavit, but the same has not been complied with till date.

The Counsel appearing on behalf of the Union Government assured the Bench that the counter affidavit was ready to be filed, but they were awaiting instructions from the concerned Ministry.

Dr. Swamy emphasised that the matter was going on for about 8 years, but the Government has not been able to take its stand. He reckoned -

"It is either yes, or no."

Upon considering the submissions, the Bench initially granted two weeks' time to Centre to file the counter affidavit and two weeks thereafter to Dr. Swamy to file his rejoinder.

"Counter affidavit be filed within two weeks, with a copy to be served to the petitioner. Rejoinder, if any, to be filed within 2 weeks thereafter."

However, the Counsel appearing for the Union Government requested the Bench not to specify two weeks as it might take some time to get instructions from the Ministry.

"Your lordship may not mention two weeks."

CJI, Justice Chandrachud remarked, "Why are you dragging your feet?"

The Counsel responded, "It is ready, but we need to seek instructions…"

Accordingly, the Bench granted four weeks' time to file Counter Affidavit and two weeks thereafter for filing rejoinder.

The issue seeking declaration of the Ram Setu as National Heritage was raised by Swamy in his 2007 plea against the Sethu Samundram Ship Channel project.

Under the Setu samundram project an 83 km long channel was to be created linking Mannar and Palk Strait by extensive dredging. The project was alleged to have an impact on the Ram Setu.

Ram Setu, is a bridge which is a chain of limestone shoals, off the south-eastern coast of Tamil Nadu. It runs from Pamban Island near Rameshwaram in South India to Mannar Island, off the northern coast of Sri Lanka. The bridge is mentioned in the epic Ramayana to have been constructed by Lord Ram to reach Sri Lanka to rescue Sita.

[Case Title: Dr. Subramanian Swamy v. Union of India And Ors .T.C.(C) No. 27/2007]