Kerala High Court dismisses plea seeking NIA probe into Adani-Vizhinjam port violence

The Kerala High Court, on Monday, dismissed a petition seeking probe by the National Investigation Agency (NIA) into the ongoing protests which have disrupted the construction at the project site of M/s Adani Vizhinjam Port Pvt Ltd at Vizhinjam near Thiruvanathapuram [P Gopakumar Nair v State of Kerala and others]..A division bench consisting of Chief Justice S Manikumar and Justice Shaji P Chaly dismissed the petition by a Thiruvananthapuram native seeking National Investigation Agency probe into the violence..Adani Port was selected as the concessionaire for the Vizhinjam Seaport Project and began construction of the port on December 5, 2015.In August, Adani Ports and its contracting partner Howe Engineering Projects had approached the High Court seeking police protection in light of the ongoing protests against the construction.The project has been opposed by the fisherfolk community which, allegedly under the leadership of the Catholic Archdiocese of Trivandrum, are demanding, among other things, proper environmental impact studies, rehabilitation of families who lost their homes to coastal erosion and rectifying coastal damages.The Court had passed several orders directing the police to ensure that necessary police protection is granted to Adani Port employees to carry out the activities permitted in accordance with the contracts entered into by them.The Court had made it clear that while the protest can continue peacefully and lawfully, it cannot extend to obstructing ingress and egress of the petitioners, its subcontractors, employees or officials to and from the project site, or obstruct the activities of the project without any authority of law.The Court had also said several times that if the State government and police are unable to see that law and order is maintained in the locality, necessary steps shall be taken to seek appropriate assistance from the Central government.On November 27, the protestors unleashed attacks on the trucks carrying constructions materials, its drivers and other property owned by Adani Ports. When the police took 5 persons into custody, the mob allegedly stormed the police station. Several policemen were allegedly injured in the incident and had to be hospitalized.Therefore, on December 1, the Court sought the views of the Central government about deploying Central Reserve Police Force (CRPF) at the Adani Vizhinjam Ports construction site while the State Police continues to maintain law and order outside the site where protests are ongoing. .The petitioner moved the present plea in light of this incident on November 27.The petitioner contended in his plea that apart from registering 163 FIR’s against 3,000 persons, the police have not moved an inch with regard to the investigation in the said incident.The State officials as well as the police are being mute spectators in favour of the perpetrators of crime, the petitioner alleged.The petitioner said that on estimation, a lose to the tune of ₹85,00,000 is caused to the police and other damages are ascertained.The petitioner alleged that the protestors aim at creating communal violence purposefully attacking people of other communities differing from other.The petitioner further alleged that the State officials including the police are refraining from their responsibility even though they are duty bound to interfere and act.The petitioner was represented by advocate Sunil Nair Palakkat.