Brahmapuram Fire: Kerala Govt Suggests to form Special Bench

The Kerala government recently suggested the High Court to form a Special Bench to address the Brahmapuram fire incident and other matters concerning the Solid Waste Management Rules, 2016.

This suggestion was put forth during the Court’s examination of the suo motu proceedings initiated in response to the fire at the Brahmapuram Solid Waste Management Plant in March 2023.

In response to the submission made by the Advocate General, a division bench of Chief Justice S.V.N. Bhatti and Justice Basant Balaji, directed the Registrar (Judicial) to take appropriate administrative measures to establish the proposed Special Bench.

“Learned AG and other counsel appearing for the parties suggest that the time gap between one adjournment to other is reduced, the frequency of consideration is enhanced so that momentum gained is not lost. We appreciate the suggestion from more than one angle. Taking note of even the desire of the Government and also the Amicus Curiae, we are directing the Registrar (Judicial) to take orders on administrative side for constituting a Special Bench for Brahmapuram and issues relating to MSW Rules, 2016,” the bench observed.

The Court also mentioned that environmental issues are already brought before the Chief Justice Court, and the proposed Special Bench will specifically address matters related to the MSW Rules, 2016. During today’s hearing, the Senior Government Pleader informed the Court about an Order issued by the Judicial First Class Magistrate Court -IX, Ernakulam, which appeared to contradict the High Court’s Order from May 23, 2023, regarding the seizure of vehicles involved in illegal and unauthorized waste dumping.

According to the High Court’s previous directive, the offending vehicles were to be seized and handed over to the jurisdictional Police Officers for custody. The vehicles were to be released only upon notifying the Court through the respective District Collectors.

The Court clarified that the intention of the Order was not to keep the vehicles continuously under the administration’s custody, but to determine the legality of the waste dumping. If the information provided by the Senior Government Pleader is verified to be true, it would indicate an act of indiscipline by the judicial officer.

The Court consequently requested the lower court to provide the case files by Monday and asked the judicial officer to present an explanation through the District Judge and the Registrar (Judiciary).

The Court added that if it is not satisfied with the explanation submitted on record by the officer, further action may be taken. The next hearing on the matter is scheduled after a period of two weeks.