[Vizhinjam Protests] Kerala High Court directs State Police to ensure law and order at Adani Ports construction site

The Kerala High Court on Friday directed police authorities to ensure law and order in the area around the construction of the Adani Group’s Vizhinjam International Transhipment Deepwater Multipurpose Seaport in Thiruvananthapuram [M/s Adani Vizhinjam Port Pvt. Ltd. & Ors. v State of Kerala & Ors.].Justice Anu Sivaraman ordered the concerned Station House Officer and the Commissioner of Police to take necessary steps."The concerned Station House Officer and the Commissioner of Police shall take appropriate steps to ensure that law and order is maintained in the locality," the order stated..The Court passed the order on two petitions moved by Adani Ports and by its contracting partner Howe Engineering Projects, seeking police protection in light of the ongoing protests by fisherfolk against the construction of the port. M/s Adani Vizhinjam Port Pvt. Ltd. was selected as the concessionaire for the Vizhinjam Seaport Project and construction began on December 5, 2015. The port is being currently developed in landlord model with a Public Private Partnership component on a design, build, finance, operate and transfer (“DBFOT”) basis.However, the project has been opposed by the fisherfolk community which, 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 petitions claimed that recently, the protesters have been blocking the entry and exit points to the construction site and that on some occasions, thousands of protestors actually managed to enter the site which is a High Security Zone. Advocate Roshen D Alexander, appearing for the petitioner, submitted that all construction work has been stalled since August 17 due to the protests.He submitted that the environmental clearance for the project was granted in 2014, before Adani Ports entered the fray, after several environment impact studies were conducted and that the same showed that the coast near the construction site are stable with little possibility of erosion.He pointed out the same was challenged before the National Green Tribunal which held that all the apprehensions raised about the project were without basis. The order of the NGT was later confirmed by the Supreme Court, he submitted.The protestors are holding the project for ransom, he alleged, as he pressed for the government and the police to take action to ensure that the project, which is of national importance, continues without any further hinderance. The Government Pleader asserted that the completion of the project is indeed important to the State government as well and that it is taking all steps to amicably settle the issues with the protesting groups.The petitioners had also sought a direction to the Central government to provide adequate protection by the Central Reserve Police Force (CRPF) since the Government of India is also contributing to the project through Viability Gap Fund (VGF).However, the Government Pleader assured the Court that the CRPF would not be needed to ensure law and order in the locality at present..The matter will be taken up next on Monday, August 29. .[Read Order]