Ram Setu: SC dismisses Swamy’s plea to serve notice to Cabinet Secy as Center didn’t file reply

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The Supreme Court in the case Dr. Subramanian Swamy v. Union of India And Ors observed as it has been urged by Rajya Sabha MP Dr.Subramanian Swamy to summon the Union Cabinet Secretary as the Union Government has not filed its counter-affidavit in his plea filed for seeking national heritage status for Ram Setu. The bench comprising of Chief Justice of India DY Chandrachud observed and has turned down the request made by him and gave Centre time till the first week of February 2023 to file its affidavit. Since the Constitution bench was headed by CJI, the Ram Setu matter was also being listed before the division bench led by the CJI and the same was not to be heard. Therefore, Dr.Swamy mentioned the matter before the bench comprising CJI Chandrachud and Justice PS Narasimha, to remind that its counter-affidavit has not been filed by the Centre. Adding to it, he told CJI that, the learned Solicitor General had made a commitment for filing a counteraffidavit by 12 December. CJI, while turning to SG Tushar Mehta, stated that Mr. Solicitor, Subramanian Swamy is saying you have not kept your commitment to file the counter-affidavit in the Ram Setu matter.

Adding to which, SG replied that, it being under consideration. The discussion is going on. Thus, kindly have it in the first week of February. The SG Tushar Mehta stated it is already being prepared and now he is saying it is under preparation. Thus, may I suggest the cabinet Secretary be summoned. As it being the cabinet matter. Adding to which, CJI stated declined the request with a smile and stated that, this court will We’ll keep it in the first week of February for filing & keep it in second week of February.

However, when a request has been made by Swamy for keeping it as the first item, CJI responded with a laugh. In the present case, the Swamy filed a plea in 2007 against the Sethu Samundram Ship Channel project, wherein seeking declaration of the Ram Setu as National Heritage was raised by Swamy. However, under the project of Setu Samundram an 83 km long channel was to be created for linking Mannar and Palk Strait by extensive dredging.

Therefore, the said project alleged to have an impact on the Ram Setu. Therefore, Ram Setu, is a bridge which is a chain of limestone shoals, off the south-eastern coast of Tamil Nadu. Running from Pamban Island near Rameshwaram in South India to Mannar Island, off the northern coast of Sri Lanka. Thus, the bridge is being mentioned in the epic Ramayana to have been constructed by Lord Ram to reach Sri Lanka to rescue Sita.

Legally Speaking Desk

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