Thursday, May 8, 2008

Why should Rama Setu be protected? -- a para-legal excursus

Why should Rama Setu be protected? – a para-legal excursus


Here is an account of the happenings in the Supreme Court on Rama Setu protection case and the consequent introspections on why Rama Setu should be protected despite the bogus, baseless arguments advanced on grounds of non-existent abhyudayam.


When Court asked Senior Advocate Shri Parasaran as to why he was arguing on ‘this’ side (that is, the side of the petitioners seeking protection of Rama Setu and hence, Dharma), he responded emotionally that he is at the fag-end of his life and career and this was an opportunity provided for him to protect dharma and he also told the Court that this was an opportunity for the Court also to participate in this sacred responsibility of protecting dharma.


When Court asked Dr. Subramanian Swamy how SC can overcome the jurisdiction problem of questioning policy decisions or economic issues, Dr. Swamy responded effectively and convincingly that it was incumbent on the court to intervene when a fraud or gross illegality can be demonstrated that the economic viability of the project was a fiction created with baseless data and that the project was fradulent. He went on to demonstrate that the project will be in the red for Rs. 56 crores in Year 1 and Rs. 150 crores in Year 9 and thereafter using the figures given by the Union of India in their documents. These losses are, in fact, understatements. The actual losses will be much larger if social costs are reckoned (as required under law), if maintenance dredging costs are fairly computed and if security costs (both capital and maintenance costs) are included in the project costs. Dr. Swamy also demonstrated the need to make Hon’ble TR Baalu a respondent because of conflict of interest with involvement in stevedoring or marine product export companies.


Senior Advocate Soli Sorabjee responded effectively to the stupid question which stated that the bhumaata is sacred, the mountains are sacred, Ganga is sacred, trees are sacred that this perception should not stop removal of stones or building of bridges. This was rebutted effectively citing the responsibility of the State under Article 25 to protect Religious Freedom and not to destroy, by desecration, the very character of the Rama Setu which is a bridge built by Rama to establish dharma. Not an inch, not a piece of rock from this ancient monument can be touched by any power on earth. Section 295 of Criminal Procedure Code makes it a cognizable offence to offend the sentiments of crores of Hindus worldwide. The Court was also told that Ganga Sagar and Sethu are places of worship in the Indian Ocean. Skandapurana which is the sacred text of identified teerthasthaanas and puja vidhaanam prescribed the worship of Rama Setu and the s’ivalinga installed in the middle of Rama Setu uttering Setumadhava and Ramanatha (Ashtakshari and Panchakshari mantras) and walking on the Setu. Every ashadha amavasya day every year, over 5 lakh pilgrims gather at the Setu tirtham and offer tarpanam to pitrus – ancestors are worshipped with the sankalpa which starts: Sri rama rama rameti… He is Maryada purushottama, Ramayana is the aadi kaavya, There can be no Ramayana without Setubandhana which is the very symbol of what can be accomplished with will and determination and the symbol of establishment and protection of dharma. This is a memory venerating Sri Rama as vigrahavaan dharmah (the very embodiment of dharma), the paramaatman in the role of an avatara to demonstrate dharma in action.

The battle is just joined. The Setu has to be declared as an Ancient Monument and World Heritage. Setu which has protected the nation’s coastline and symbolizes the unity and integrity of the nation cannot be desecrated like the Taliban demolishing the Bamiyan Buddha calling it mere stone. Setu also makes us remember Sri Rama, Vigrahavaan dharma, the very embodiment of dharma. Setu is not mere stone bridge, it is the very identity, the very core of Sanatana Dharma from time immemorial, the very embodiment of Dharma identity. It just cannot be touched even by cutting a one centimetre furrow.


So many multi-disciplinary issues were joined in the court proceedings. Over 8000 pages of evidence and arguments and case laws were presented. The Court had the obligation to recognize the enormity and stupendous nature of this continuum of faith, belief and worship and respect the sentiments of crores of people, as a civil society and restoring the confidence of the people in the institutions which they have created to run this samajam. A fence cannot be allowed to eat away the crop. Institutions exist only at the service of and at the responsibilities entrusted to these institutions by the people.


Many teams of persons have contributed to this extraordinary Hindu unity and effort. Starting with Shri D. Kuppuramu who founded the Rameshwaram Rama Setu Protection Movement, Senior Advocate Shri TV Ramanujam, counsel for Shri Rama Gopalan of Hindu Munnani and Dr. Subramanian Swamy who got the Chief Justice of Madras High Court to issue the directions of HC on 19 June 2007 asking for the declaration of Rama Setu as an Ancient Monument and to ask for proceeding with any project without demolishing or desecrating Rama Setu has just been reconfirmed by the highest court of the land by the directions issued on these two momentous issues.


The directions are historic and let us hope that one of the institutions which we have given to ourselves, respects the Law of the land and does not play games with the directions (as was done by withdrawing the bogus affidavit of ASI and thereafter making false promises unfulfilled).


The responsibility is enormous to use this opportunity given to us by Sri Rama to educate the youngest nation of the world, the 35% of the population which is less than 15 years of age, to realize the great heritage of Dharma and the importance and significance of the two great Itihaasas, Ramayana, the Aadi kaavya and Mahabharata. Sri Rama, Sri Krishna and Sri Mahes’vara united north and south, east and west and across every nook and corner of Bharata Varsha. They adorn the lithographed version of the Constitution of India published by the Govt. of India with exquisite illustrations by the artist, Shri Nandalal Bose.


No institution, not even the Supreme Court, can pass on the buck and refuse to entertain issues related to National security citing jurisdictional boundaries. In this case, ample evidence was provided on the national security implications of any decision to desecrate Rama Setu and the social upheaval that such a move will entail, destroying the very fabric of the samajam and the constitutional framework which we have given to ourselves.


The State cannot abdicate its responsibility to protect the ancient heritage by citing dubious investigation problems. The evidence is overwhelming: Rama Setu is a sacred place, a world heritage. Until this is recognized by one and all -- the organizations of governance and jurisprudence, the movement shall continue with redoubled vigour and determination. It is the court of the people that the protection of Rama Setu will be ensured. This is an occasion to recognise the possibility and ensure that it happens – the construction of a temple for Sri Rama in Ramajanmabhumi. As Srilanka, our neighbour, looks towards Bharatam, as the Indian Ocean Community beckons, let this be the start and renewal of Dharma renaissance, a start for Marine Economic Zones to benefit all the coastal people and lead to abhyudayam in their livelihood as a socio-cultural-ecomic imperative.


Dr. S. Kalyanaraman


Explore alternative alignment: court

Legal Correspondent (The Hindu, 9 May 2008)

This will help avoid controversy over damage to Sethusamudram project, says CJI

New Delhi: The Supreme Court on Thursday asked the Centre to explore the possibility of an alternative alignment or any other route for the Sethusamudram Shipping Channel Project without damaging Ramar Sethu and to consider whether an archaeological study could be conducted to declare Ramar Sethu a national monument.

Chief Justice K.G. Balakrishnan, heading a three-judge Bench, asked senior counsel Fali Nariman, appearing for the Centre, to consider an alternative alignment and said that by this the government could avoid the controversy (of damaging Ramar Sethu).

The CJI’s suggestion came at the end of Thursday’s arguments on behalf of the petitioners. He told Mr. Nariman that “Subramanian Swamy and senior counsel C.S. Vaidyanathan had said an alternative alignment was not considered. Further, the direction given by the Madras High Court [before the petitions were shifted to the Supreme Court] that archaeological study must be conducted had not been implemented by the Centre.”

Mr. Nariman said, “after the High Court order, we have filed a comprehensive affidavit.” Justice Raveendran pointed out that the High Court order had not been quashed and the direction continued to remain and the Centre had not answered this. Mr. Nariman said he [the Centre] would consider the court’s suggestion in this regard.

On the petitions filed by Dr. Swamy and Rama Gopalan, the High Court on June 19, 2007 asked the Centre “to file a counter-affidavit explaining whether any study has been undertaken by the archaeological or any other department concerned in respect of Adam’s Bridge/Ramar Sethu and whether the said bridge can be regarded as a national monument. The Union of India should also explain whether the said project can be implemented without affecting Ramar Sethu by resorting to some other routes.” Since no affidavit had been filed on these aspects, the CJI asked the Centre to consider this and posted the matter for further hearing on July 22.

http://www.hindu.com/2008/05/09/stories/2008050959270100.htm



Can Ram Setu be monument, asks SC


PNS/ Agencies | New Delhi


Explore alternative route, Govt told

The Supreme Court on Thursday asked the Union Government to consider holding an archaeological survey to ascertain whether the Ram Setu can be declared an "ancient monument". The court also asked the Centre to examine the possibility of carrying out the project through other alignments.





"There is a specific direction of the Madras High Court that the Archaeological Survey of India (ASI) should carry investigations whether Ram Setu is an ancient monument or not," a Bench headed by Chief Justice KG Balakrishnan said. "You also explore the possibility of carrying out the project through any other channels (alignments)," the Bench, also comprising Justices RV Raveendran and JM Panchal, said.



The Supreme Court's order has come as an encouragement for the groups opposed to destruction of the Ram Setu. Janata Party president Subramanium Swamy, a petitioner in the case, told The Pioneer that the apex court's order was binding on the Government in the light of the recent Madras High Court order.



The matter will come up for further hearing on July 22. The Bench said that in the interregnum, the Centre could consider these two aspects as directed by the High Court on June 19 last year. Appearing for the Centre to defend the controversial project, senior advocate Fali S Nariman responded positively to the court's view.



Arguing against the demolition of the Ram Setu, Swamy, senior advocate C S Vaidyanathan and others contended that there was a possibility of going ahead with the project through alternative alignments, which would be economically more viable and cause no damage to environment. It would also protect the religious faith of Hindus who consider the structure as sacred, they submitted.



Swamy, who has filed the petition for declaring Ram Setu a protected monument, had alleged that the Government-appointed expert committee resisted the ASI probe that the structure was man-made. While the senior politician was questioning the committee report, the Bench said his request in the petition was confined only to the Ram Setu but he was arguing on entire Sethusamudram project. At this Swamy said, "If I prove that the project is illegal, then the Ram Setu will be protected." He would stop if the Centre forthrightly said that Ram Setu would be protected, he added.



The Janata Party chief said he was touching other aspects of the project as the entire economics projected in the scheme was a "fraud" and public money was being misused and the public being misled. Further, India had failed to comply with international obligation on the project by not taking the Sri Lankan Government into confidence as the scheme had implications on the maritime boundary, he added.



He said the Sri Lankan authorities were watching the outcome of the proceedings in the apex court and Colombo may drag India to International Court of Justice, The Hague, seeking independent probe about the environmental impact of the project.



The 34-member advisory committee group constituted by the Sri Lankan Government has concluded that environment impact assessment by India on the Sethusamudram project was inadequate, the Janata Party president claimed.

http://dailypioneer.com/indexn12.asp?main_variable=front%5Fpage&file_name=story3%2Etxt&counter_img=3



Look for alternative to proposed Setu route: SC
9 May 2008, 0035 hrs IST,Dhananjay Mahapatra,TNN



NEW DELHI: In a development that could boost those opposing the Sethusamudram project, the Supreme Court on Thursday asked the Centre to consider an alternative alignment for the proposed canal.

A three-judge bench also suggested the Centre explore the possibility of a study by Archaeological Survey of India to determine if the Ram Setu could be classified as an ancient monument.

The observations of Chief Justice K G Balakrishnan and Justices R V Raveendran and J M Panchal should encourage the assorted group of Hindutva activists and environmentalists who have opposed the Setu project for diverse reasons.

After two days of discussions on the Setu - believed to have been built by Lord Rama to cross into Ravana's kingdom - the bench asked senior advocate Fali S Nariman to urge the Centre to examine the viability of an alternative alignment.

Though not binding, the suggestions - coming in response to passionate arguments on behalf of petitioners accusing the Centre of disregarding the belief of millions to please UPA partner DMK - can add to the reluctance of an already wary Congress on whether to go ahead with the politically sensitive project.

The government has in any case been on the back foot since the affidavit in the apex court questioning the existence of Lord Rama.

With BJP already on the lookout for an emotive issue, Congress may be constrained to appear sensitive for the alternative alignment now that it has been endorsed by the apex court.

The desirability of the alignment of the Rs 2,400 crore project that proposes dredging a channel having a width of 300 metres on Ram Setu to shorten the shipping distance between the western and eastern coast ports has been questioned also by environmentalists, economists and security analysts.

However, it is the "matter of faith for 100 crore Hindus" argument put forward by the Hindutva organizations that is proving to be the chief deterrent.

The suggestion came from the bench after Janata Party president Subramanian Swamy, in his arguments over two days, pointed out the fallacies in the decision of the government to go ahead with the project ostensibly under pressure from coalition ally DMK.

What prompted the apex court to give these suggestions was the Madras High Court order of June 19 last year asking the government to conduct an in-depth study by ASI and consideration of an alternative alignment without harming the Ram Setu.

With the court's interim order restraining any dredging on Ram Setu till further orders continuing to operate, this long adjournment along with the suggestions for an in-depth ASI study and consideration of an alternative alignment would be sure to delay the project, despite the government expressing its keen desire and filing an application in the apex court seeking vacation of the interim stay order.

Senior advocates K Parasaran, Soli J Sorabjee, C S Vaidyanathan, Sriram Panchu and M Krishnanmani, who appeared for different petitioners, had stressed on the religious significance of Ram Setu among Hindus and had apprehended that any dredging could bring in a catastrophic situation akin to the one seen after the demolition of Babri Masjid.

Swamy had accused the Centre of dithering on declaring Ram Setu a national monument, though it had been repeatedly writing to Unesco to confer world heritage site status on Majuli islands, where people believe Lord Krishna had once danced with the "gopis".



http://timesofindia.indiatimes.com/India/Look_for_alternative_to_Setu_route_SC/articleshow/3023126.cms



Top court: Check, is Ram Sethu monument?



New Delhi, May 8: The Supreme Court on Thursday asked the Centre to consider conducting an archaeological survey to ascertain whether the Ram Sethu can be declared an ancient monument. The Supreme Court also wanted the government to explore the possibility of pushing the Sethusamudram project through other alignments which would not damage the Ram Sethu. The Supreme Court bench said that in the interregnum (the matter will be taken up for further hearing on July 22) the Centre can consider these two aspects as directed by the Madras high court on June 19, 2007.

Union tourism and culture as directed by the Madras high court on June 19, 2007. Union tourism and culture minister Ambika Soni had been insisting that unless an archaeological survey is conducted it cannot be determined whether the Ram Sethu is man-made or a natural formation. It is only after an archaeological survey that the Union culture ministry determines whether or not it is a heritage site.

K.G. Balakrishnan and comprising Justice R.V. Raveendran and Justice J.M. Panchal said, “There is a specific direction of the Madras high court that the Archaeological Survey of India (ASI) should carry out investigations on whether or not Ram Sethu is an ancient monument.”

The Supreme Court bench said Janata Party president Subramanian Swamy and senior advocate C.S. Vaidyanathan, while opposing the demolition of the Ram Sethu, put forward serious arguments for conducting an ASI probe and for carrying the project through other alignments . “You (should) also explore the possibility of carrying out the project through any other channels (alignments),” the bench said.

Appearing for the Centre, senior advocate Fali S. Nariman responded positively to the Supreme Court’s view. Dr Swamy, Mr C.S. Vaidyanathan and others, while arguing against the demolition of the Ram Sethu, contended it was possible to go ahead with the project through alternative alignments that will be economically more viable and cause no damage to the environment besides protecting the religious beliefs of Hindus, who consider the structure sacred.

Dr Swamy, who filed the petition in favour of declaring Ram Sethu a protected monument, had alleged that the expert committee of eminent persons appointed by the government to review the project resisted an ASI probe that the structure was man-made. While the senior politician was questioning the committee’s report, the bench said his prayer in the petition was only confined to the Rama Setu but he was arguing on the entire Sethusamudram project.

At this, Dr Swamy said, “If I prove that the project is illegal then the Ram Sethu will be protected.” He said he would stop if the Centre said the Ram Sethu would be protected. Dr Subramanian Swamy said he was touching other aspects of the project as the economics projected in the scheme was a “fraud”, public money was being misused and the public was being misled.



http://www.deccan.com/chennaichronicle/home/homedetails.asp#Top court: Check, is Ram Sethu monument?





Satya Prakash, Hindustan Times

Email Author

New Delhi, May 08, 2008

First Published: 21:32 IST(8/5/2008)

Last Updated: 00:58 IST(9/5/2008)

Find a way around Ram Setu, Govt told

In a setback to the UPA government’s ambitious Setusamudram Shipping Canal Project, the Supreme Court on Thursday asked it to conduct an archaeological investigation to find out if ‘Ram Setu’ could be declared an ‘ancient monument’.

A bench headed by Chief Justice of India K.G. Balakrishnan also asked the government to explore the possibility of adopting some alternative route/alignment for completing it without damaging the Ram Setu, as suggested by the petitioners opposing the project.

“There is a specific direction of the Madras High Court that the Archaeological Survey of India (ASI) should carry out investigations whether Ram Setu is an ancient monument or not,” the bench said. The court had already ordered that no damage be caused to the Ram Setu.

The latest development virtually puts the project — being pushed by UPA ally DMK — in a limbo. The government cannot proceed without presenting before the court the findings of the ASI and its decision regarding alternative routes. The ASI will examine if the Setu could be declared an ancient monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

In a way, the UPA government that had to withdraw its earlier affidavit denying the existence of Ram and Ram Setu as a manmade structure would heave a sigh of relief. It may indeed lose a few brownie points to the Opposition.

But at the same time, the Centre can put the issue on the backburner without offending the DMK, as the process ordered by the court may not be complete before the next round of assembly elections and the general election.

The court noted that Janata Party president Subramanium Swamy and Hindu Munnani senior advocate C.S. Vaidyanathan had advanced "serious" arguments for conducting an

ASI probe and for taking forward the project through some other route. The two and others opposed to the project submitted that they wouldn't oppose the project if it could be completed without damaging the Setu.

They argued that alternative alignments would be economically more viable and won't cause damage to the environment besides respecting the religious faith of crores of Hindus.

Vaidyanathan had suggested a route through Dhanushkodi by removing the landmass in an area of about 800 metres. It could start from where the present route i.e. alignment no.6 begins in the Gulf of Mannar and take a turn towards Dhanushkodi in the southern part of Rameshwaram island and finally meet the same alignment in the Palk Bay to avoid the Ram Setu' altogether. The court posted the case for hearing on July 22.

http://hindustantimes.com/StoryPage/Print.aspx?Id=f729aed9-5e07-4454-a5c5-e6ba2922200a



Save Sethu or scrap the project, says Swamy

Legal Correspondent (The Hindu, May 8, 2008)

Court must harmonise religious faith and development by directing government to take alternative alignment

Whether anybody goes to the middle of the sea to offer worship or not is secondary

Project not economically viable, it will be a security risk

New Delhi: The Sethusamudram Shipping Channel Project should be scrapped altogether if the government cannot proceed further without destroying Ramar Sethu (Adam’s Bridge), Janata Party president Subramanian Swamy argued in the Supreme Court on Wednesday.

“It is established and admitted by the respondents that a structure, that is natural or constructed and widely known for very long as Ramar Sethu, does exist but that its origins and nature have admittedly not been investigated yet despite overwhelming prima facie evidence that Ramar Sethu is a constructed causeway that fits the description in Valmiki’s Ramayana,” he told a Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal.

As per ‘Images India’, a document of the National Remote Sensing Agency of the Ministry of Space under the Prime Minister’s Office, tabled in Parliament, “the structure of Ramar Sethu suggests that it may be man made and the bridge is seen as an example of ancient history linked to the Indian mythology,” Dr. Swamy said.

Ad on trains

He pointed out that a Tamil Nadu government advertisement on trains said: “The waters here [Rameswaram island] still carry the blessings of Lord Rama’s lotus feet because this is where the monkey army crossed over to Lanka to rescue Sita.”

The Centre wrote to the UNESCO urging that the Majuli Island in Assam be declared an ancient monument. “While so, why is the Centre hesitant to seek a declaration that Ramar Sethu is an ancient monument?”

“For people to decide”

Dr. Swamy said: “Whether anybody goes to the middle of the sea to offer worship or not is secondary. We worship the Sun god but we don’t go to the Sun. What is held to be sacred by a large number of people of this country must remain sacred and no sacrilege must be allowed by rupturing Ramar Sethu. This court cannot decide what is sacred. It is for the people of this country to decide what is sacred.”

He said: “Religious sensibilities and feelings of nearly a billion persons of Hindu faith and those of other religious persuasions, who respect the sanctity of faith, cannot be disregarded in a narrow pursuit of the project claiming to advance economic development on economic calculations.”

The Centre’s decision to select alignment 6 for implementing the project was “arbitrary, unreasonable and illegal.”

“Biased report”

Referring to the report of the Committee of Eminent Persons, Dr. Swamy said it “contains inferences that are not supported by data or studies and it is a biased report. Prof. Ramachandran, who headed this committee, had met Tamil Nadu Chief Minister M. Karunanidhi at a meeting held to protest the Supreme Court’s interim order of stay on dredging across Ramar Sethu.”

Delhi metro project

He pointed out that during the execution of the Delhi metro rail project, an objection was raised to the elevated structure near the Qutb Minar on the ground that vibrations during train movement would affect a tomb. Subsequently, the project was revised as an underground system involving an additional cost of Rs. 558 crore. “But this government will not care for millions of Hindus and wants to break Ramar Sethu.”

Dr. Swamy said the Sethu project would not be economically viable, besides being a security risk to the country. The court must harmonise religious faith and economic development by directing the government to carry out the project through an alternative alignment without touching Ramar Sethu; otherwise, it should be scrapped.

Combine two alignments

Earlier, senior counsel C.S. Vaidyanathan, appearing for Hindu Munnani leader Rama Gopalan, suggested with the help of a map that alignments 4 and 6 could be combined and the project implemented without affecting Ramar Sethu.

Further arguments will continue on Thursday.

http://www.hindu.com/2008/05/08/stories/2008050855461300.htm



“Breaking Ramar Sethu will be another scar like the Babri Masjid demolition”

J. Venkatesan (The Hindu, May 8, 2008)

Even if one mm of causeway is removed, it will amount to defiling the sacred place: Parasaran



New Delhi: “The Babri Masjid demolition [at Ayodhya] is a scar on Indian secularism that will never be removed. Similarly breaking Ramar Sethu will also leave a permanent scar on the Hindu faith and belief,” the former Attorney-General K. Parasaran said on Tuesday.

He was arguing before a Supreme Court Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal, which is hearing petitions challenging the Sethusamudram Ship Channel Project on the ground that implementing it would cause damage to Ramar Sethu (Adam’s Bridge). Mr. Parasaran, appearing for Hindu Munnani leader Rama Gopalan, said: “Ramar Sethu is considered by large sections of believers a holy and a sacred place. That part of the sea in the area of Dhanuskodi, Rameswaram, Tirupulani and Devipatnam is considered a holy place by reason of the existence of Ramar Sethu, believed to have been constructed to enable Lord Rama to have passage to Sri Lanka. To interfere [with] or destroy even a part of the said causeway would be an interference with the right of liberty of belief, faith and worship.”

Earlier when Soli Sorabjee, former Attorney-General and senior counsel, was making his submissions, Justice Raveendran asked “whether even a small portion of Ramar Sethu [300 metres] can’t be touched for purposes of development.”

The judge said: “In our country, the Himalayas, Goverdhan and Tirupathi hills, rivers and land [Boomatha] are all worshipped. Do you mean to say that the land can’t be touched, dams can’t be constructed across rivers and hills can’t be touched for stones?”

Special sanctity

Answering this question, Mr. Parasaran said: “This is a matter of established customs and faith. An idol, object, place, river or city may be held sacred. Sethu and Ganga are considered the most sacred places in the country. Special sanctity is attached to the whole area of Sethu and we offer worship in four places — Dhanuskodi, Rameswaram, Tirupulani and Devipatnam — all connected with Lord Rama. You can’t defile a place which is considered holy. If you cut across Sethu, you are defiling that place. Even if one millimetre of Ramar Sethu is removed, it will amount to defiling the sacred place.”

He quoted extensively from various documents, texts and puranas which had a reference to Ramar Sethu as a place of worship, and said a duty was cast on the government to protect it.

When Mr. Parasaran was explaining the role assigned to each community in society, Justice Raveendran jocularly asked, “Are you arguing the reservation case or this case?”

Referring to the arguments of Mr. Sorabjee, who is appearing for S. Kalyanaraman, Mr. Parasaran said: “Before taking up this case, Mr. Sorabjee had read three volumes of Valmiki Ramayanam and the Ramayana written by C. Rajagopalachari.” Justice Raveendran retorted: “Do you expect judges also to become experts by reading these volumes.”

Public interest

Mr. Parasaran said “the present case involves two aspects of the public interest, viz. claim of right to religious belief, faith and worship, on the one hand, and the claim of economic and commercial development in the matter of providing convenient passage for ships [on the other]. Every attempt should be made to accommodate both aspects of the public interest. But there is complete abdication of responsibility and non-application of mind by the government.”

On August 31 last, the court, acting on Janata Party president Subramanian Swamy’s application, passed an interim order restraining the Centre from causing any damage to Ramar Sethu in carrying out the project. Among the other petitioners are AIADMK general secretary Jayalalithaa and the Dandi Swami, Sri Vidyananada Bharati.

http://www.hindu.com/2008/05/07/stories/2008050760601700.htm



It is the belief of the country that matters: Soli Sorabjee

Legal Correspondent (The Hindu, 7 May 2008)

New Delhi: A religious belief which is genuinely and conscientiously held over a long period by a substantial number of followers of a particular religion becomes an integral part of that religion and is entitled to protection under Article 25 of the Constitution (right to freedom of religion), senior counsel Soli Sorabjee argued in the Supreme Court on Tuesday.

“Religious feelings of the people are to be respected and not offended. It is the belief of Hindus that Ramar Sethu was constructed by Lord Rama and his followers who crossed the bridge to Lanka and retrieved Sita from the clutches of the demon Ravan. That indeed is the essential theme of the Ramayana, which is an article of faith with the Hindus.”

Mr. Sorabjee, appearing for S. Kalyanaraman in the Ramar Sethu case, said: “The issue before the court is not whether this belief can be historically or scientifically established. The court cannot sit in judgment on that belief. The court’s role is to determine whether this belief is genuinely or conscientiously held over a period of time by Hindus and if that be so it falls within the ambit of the freedom of religion guaranteed by Article 25.”

If worship and rituals were performed over a long period, these would get constitutional protection and the court could not interfere with it, he said.

Intervening, Justice R.V. Raveendran said: “Here it is not a question of rituals or worship. This principle can’t be extended to something which is under water. The length, width and size will matter. They [government] are not demolishing Ramar Sethu. They are saying only 300 metres of it would be cut. Will this change or affect the sanctity of the entire structure? Even trees are worshipped in this country. What is the philosophy and principle you are trying to say?”

Mr. Sorabjee said: “Don’t take extreme positions. We are not concerned with hill, mountain or lake. For over 1,500 years Ramar Sethu is in the minds of the people. Even the committee of eminent persons had said that this belief is deeply ingrained in the minds of the people. It is the belief of the country that matters. One has to see the circumstances and threat in the minds of those who hold that belief. Any object, however, trivial it may be, if it is connected with people’s religious belief it has to be protected.”

He said: “Ramar Sethu has acquired a special significance amongst the Hindus. Consequently, any state action which results in impairment or even partial destruction of Ramar Sethu and leads to extinction or diminution of the right to worship at Ramar Sethu as at present is per se violative of the guarantee of freedom of religion.”

Senior counsel C.S. Vaidyanathan, who along with K. Parasaran is appearing for Hindu Munnai leader Rama Gopalan, dwelt on an alternative alignment for carrying out the Sethusamudram project. “It is the faith of Hindus that a bridge was constructed by Lord Rama. By destroying Ramar Sethu, the fundamental character of the bridge will be lost and it will no longer be called a bridge. In the case of a mountain or a river, even if something is done, it will not change its character. But if you demolish Sethu, it will cease to be a bridge.”

The project could be implemented by considering alignment 4 and the cost would also be cheaper than alignment 6 but this aspect was not at all considered (The Centre says there is no alternative to the existing alignment 6.)

Mr. Vaidyanathan will continue his arguments on Wednesday.

http://www.hindu.com/2008/05/07/stories/2008050760611700.htm



Faith can’t be questioned or probed: Venugopal

J. Venkatesan (The Hindu, 2 May 2008)

“800 million people believe Ramar Sethu was built by Lord Ram. Can court go into the issue whether he existed?”

People believe Christ was crucified at a particular place. Can this be probed?

NIOT report indicates that Ramar Sethu was man made

New Delhi: There is considerable scientific and historical evidence to suggest that Ramar Sethu (Adam’s Bridge) is man made and should be declared an ancient monument of national importance, senior counsel K.K. Venugopal argued in the Supreme Court on Thursday.

A Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal is hearing petitions challenging the Sethusamudram Ship Channel Project on the ground that its implementation would damage Ramar Sethu.

Acting on Janata Party president Subramanian Swamy’s application, the court on August 31, 2007 restrained the Centre from taking up dredging across Ramar Sethu. Final arguments on the petitions began on Thursday.

Historical evidence

Appearing for petitioners the Dandi Swami Sri Vidyananda Bharati and AIADMK general secretary Jayalalithaa, Mr. Venugopal said even assuming that Ramar Sethu was a natural formation, there was historical evidence to show that this bridge was used by the people of India and Sri Lanka as a link between the two nations. Any structure that was more than 100 years old, natural or man made, could be declared a national monument by the Archaeological Survey of India.

He said, “800 million people in India believe that Ramar Sethu was a bridge built by Lord Ram. Can the court go into the issue whether Lord Ram existed or whether the bridge was constructed by the God?”

Citing an example, counsel said: “People [particularly Christians] believe that Jesus Christ was crucified at a particular place. Can this be probed or gone into by the court? These are all related to people’s faith which cannot be probed by the court or the government.”

He quoted a National Institute of Ocean Technology report indicating that Ramar Sethu was a man-made structure, dating back to antiquity. “This being so, Ramar Sethu deserves to be declared an ‘ancient monument’ under the provisions of the Ancient Monuments Preservation Act, 1904 and to be preserved and protected in accordance with the Act.”

To a question from Justice Raveendran whether the structure could not be destroyed even partially for the sake of economic development of the country, Mr. Venugopal said: “The Red Fort in Delhi is declared a national monument. Even if one stone is removed or a portion of the wall is demolished, it would lose the character of a national monument.” The structure should be preserved as it existed.

The Chief Justice asked counsel whether the petitioners had made any application before the ASI for declaring Ramar Sethu a national monument. He also pointed out that the project was cleared in 1999 after inviting objections and no one opposed it then. Dr. Swamy intervened and said the project was cleared only in 2004 and he had written several letters to the Minister concerned and other authorities urging that Ramar Sethu be preserved.

Duty to nation

Mr. Venugopal said it was not a question of some one raising an objection. The Centre owed a duty to the nation and on its own it could declare a structure an ancient monument and take steps to preserve and protect it. The Chief Justice said, “Sometimes ASI may not be aware of all the structures and such a declaration is made on the basis of people’s representations. The ASI can do it on its own also.”

Counsel said: “If the [Sethu] project is allowed to be continued and Ramar Sethu is destroyed, the petitions would become infructuous and the situation would become irreversible. That would be a sad day for this country.”

Earlier, senior counsel Sriram Panchu, Chennai lawyer, appearing for petitioner O. Fernandez, cited various reports and said environment impact assessment, risk evaluation and disaster management studies had not been done properly before the project was cleared. Arguments will continue on May 6.

http://www.hindu.com/2008/05/02/stories/2008050260551500.htm

Saturday, May 3, 2008

Analysing the economic viability of the SSCP from a shipping perspective on the basis of official reports

Analysing the economic viability of the SSCP from a shipping perspective on the basis of official reports – Part 7 by Capt. (Retd.) H. Balakrishnan, I.N.

Introduction

1. Over the past year (2007), much has been written and stated, in the media, about the viability or otherwise, of the SSCP. The statements have also highlighted the economic benefits that would accrue to the Southern districts of Tamil Nadu on account of the SSCP.
2. This paper analyses the economic viability of the SSCP, from a shipping perspective, on the basis of information contained in various ‘official documents’ and reports such as:
(a) The website of the Sethusamudram Corporation Ltd. (SCL)
(b) The ‘Report’ submitted by the ‘Committee of Eminent Persons’ to the Govt. of India. This ‘Report had formed the basis of the revised affidavit filed in the Supreme Court, by the Govt. of India.
(c) The ‘Information Memorandum of Sept. 2005’ prepared by the then UTI Bank (now Axis Bank), the lead Bank for arranging the financial loan for the execution of the Project.

Economic viability of the SSCP

SCL Website

3. The website, in addition to highlighting various USPs of the project, states: “Sethusamudram Ship Channel Project, which envisages digging a ship channel across the Palk Straits between India and Sri Lanka, is finally taking shape. The project will allow ships sailing between the East and West Coasts of India to have a straight passage through India’s territorial waters, instead of having to circumvent Sri Lanka. This will lead to a saving of upto 424 nautical miles (780 kms) and upto 30 hours in sailing time.” It further states: “The project will become self-sustaining over a period of time. According to conservative estimates, about 3055 vessels will be using the canal annually. This will inevitably go up further.”
4. The foregoing statement in the website implies that the SSCP is envisaged as a profitable undertaking which would lead to its self-sustenance in the years ahead.

Information Memorandum of the UTI Bank (now Axis Bank)

5. From this document, the annual expenditure for the SCL can be calculated. The main items forming this expenditure are summarized below.
6. Operation and Maintenance Costs (O&M Costs). From item 10.2 of the ‘Information Memorandum’, the budgeted figures for the O&M costs are as follows:


(a)Maintenance Costs
(Rs. in millions)
-- Maintenance of Vessel traffic Management Scheme (VTMS) 50
-- Maintenance dredging 200
(Note: For the 3rd and 4th year Maintenance Dredging has been
pegged at Rs. 170 million and from the 5th year onwards it
stabilizes at Rs. 140 million)
-- Civil Maintenance 10
-- Tugs and launches 100
-- Plant and Machinery 10

(b) Operation costs
-- Administration and staff costs 50
--VTMS 8.5
--Tugs and Launches 68
-- Plant and Machinery 20

(d) Contingency and Project Management costs
-- Contingencies 25.8
(Note: For the 3rd and 4th year, this has been pegged at
Rs. 24.3 million. From the 5th year onwards, it stabilizes at
Rs. 22.8 million).

7. Details of the financial loan. From Item 14 of the Information Memorandum, entitled ‘Indicative Term Sheet,’ the following are the details of the financial loan:--
(a) Rupee loan
-- Amount Rs. 4369 million
-- Interest rate 8%
-- Loan period 13 years
-- Moratorium period 5 years
-- Principal repayment 16 ‘equal installments’ from the end of 5 years

(b) US Dollar loan
-- Amount USD 100 milion
-- Interest rate Libor + 125 to 175 basis points = 5%
-- Loan period 20 years
-- Moratorium period 8 years
-- Principal repayment 24 ‘equal installments’ from the end of 8 years
(c) Zero coupon bonds
-- Amount Rs. 5826 million
-- Interest rate NIL
-- Loan period 30 years
-- Moratorium period 18 years
- Principal repayment 12 ‘annual instalments’ beginning from the end of 18 years

8. Profitability. A profit margin of 9% has been assumed for the project to build reserves.
9. Thus, the ‘Income to be generated’ by the SCL to become a self-sustaining undertaking, on an annual basis, is tabulated at Appendix A. The Zero Coupon Bonds have not been taken into account for the purposes of this analysis.
10. Ship tariff. As the SCL website anticipates an annual shipping traffic of 3055 ships to pass through the SSCP, the possible tariff to be levied on individual ships has been calculated and tabulated at Appendix A.

Time and fuel cost savings

11. The Report submitted by the ‘Committee of Eminent Persons’ (Chapter 8, para 8.2.5), gives the voyage distances between the ports of ‘Origin’ and ‘Destination’. The voyage speeds in the ‘open sea’ as also through the ‘SSCP’ have been given in this Report (Chapter 8, para 8.2.13).
12. On the basis of the foregoing, the following have been tabulated: (a) Fuel cost savings—Appendix B; (b) Time savings –-Appendix C

Analysis of the Appendices

13. The Report by the ‘Committee of Eminent Persons’, in Chapter 8, Para 8.2.7 states: “The approach followed by the consultants to propose tariff @ 75% of savings in one of the alternatives, may result in a scenario where the channel charges may be higher than the savings. As the tariff rate @50% of savings has been proposed, in the base case I.R.R., such a situation has been avoided. However, the savings to some ships will be more than 50%, while for some, it will be lower.”
14. In the light of the foregoing, comparison of the possible tariff to be levied on individual ships as calculated at Appendix A, and 50% the Fuel Cost Savings at Appendix B (column ‘q’), will clearly reveal that the SCL will NOT be able to recover its expenditure burden in the FIRST YEAR OF OPERATION ITSELF.
15. On the other hand, if the SCL decides on a higher tariff regime, as in the case of the major ports of India (e.g. Chennai Port Rs. 1.11 lakh/km for 7 kms of ‘pilotage’), then the fuel cost savings achieved by navigating through the SSCP, will be nullified for the shipping companies.
16. The ‘Time Savings’ tabulation at Appendix C debunks the claim of the SCL website of ‘Savings upto 30 hours in sailing time’. The same is the case in ‘Savings in Voyage distances’ also.
17. Cost escalation. A report in the economics daily ‘MINT’ of 25 Sept. 2007, entitled ‘Money runs dry for Sethusamudram’, stated the cost of the project has ‘Skyrocketed to at least 4000 crores, interest rates have crawled higher and old loan terms have lapsed.’ In a word, higher tariff regime for ships other than indicated at Appendix A.

Conclusion

18. In my earlier 6 Part analysis of the SSCP, I had concluded that the ‘SSCP just does not make any nautical sense.’
19. The present analysis, on the basis of official reports, has only served to reinforce the earlier conclusion.
20. The SSCP is a nautical folly.


Appendices:
(A) Income Generatin and Possible ship Tariff
(B) Fuel Cost Savings
(C) Time Savings

References:
(1) Sethusamudram Corporation Ltd. Website URL: www.sethusamudram.gov.in
(2) Report by the ‘Committee of Eminent Persons’
(3) Informatin Memorandum of the UTI Bank (Axis Bank) URL: http://sethusamudram.gov.in/Images/InfoMemo.doc

Appendix A,B,C at: http://www.scribd.com/doc/2867143/appendixabcsscp

Thursday, May 1, 2008

SC told to avert national tragedy by protecting Rama Setu

Faith can’t be questioned or probed: Venugopal
J. Venkatesan (The Hindu, May 2, 2008)
“800 million people believe Ramar Sethu was built by Lord Ram. Can court go into the issue whether he existed?”
________________________________________
People believe Christ was crucified at a particular place. Can this be probed?
NIOT report indicates that Ramar Sethu was man made
________________________________________
New Delhi: There is considerable scientific and historical evidence to suggest that Ramar Sethu (Adam’s Bridge) is man made and should be declared an ancient monument of national importance, senior counsel K.K. Venugopal argued in the Supreme Court on Thursday.
A Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal is hearing petitions challenging the Sethusamudram Ship Channel Project on the ground that its implementation would damage Ramar Sethu.
Acting on Janata Party president Subramanian Swamy’s application, the court on August 31, 2007 restrained the Centre from taking up dredging across Ramar Sethu. Final arguments on the petitions began on Thursday.
Historical evidence
Appearing for petitioners the Dandi Swami Sri Vidyananda Bharati and AIADMK general secretary Jayalalithaa, Mr. Venugopal said even assuming that Ramar Sethu was a natural formation, there was historical evidence to show that this bridge was used by the people of India and Sri Lanka as a link between the two nations. Any structure that was more than 100 years old, natural or man made, could be declared a national monument by the Archaeological Survey of India.
He said, “800 million people in India believe that Ramar Sethu was a bridge built by Lord Ram. Can the court go into the issue whether Lord Ram existed or whether the bridge was constructed by the God?”
Citing an example, counsel said: “People [particularly Christians] believe that Jesus Christ was crucified at a particular place. Can this be probed or gone into by the court? These are all related to people’s faith which cannot be probed by the court or the government.”
He quoted a National Institute of Ocean Technology report indicating that Ramar Sethu was a man-made structure, dating back to antiquity. “This being so, Ramar Sethu deserves to be declared an ‘ancient monument’ under the provisions of the Ancient Monuments Preservation Act, 1904 and to be preserved and protected in accordance with the Act.”
To a question from Justice Raveendran whether the structure could not be destroyed even partially for the sake of economic development of the country, Mr. Venugopal said: “The Red Fort in Delhi is declared a national monument. Even if one stone is removed or a portion of the wall is demolished, it would lose the character of a national monument.” The structure should be preserved as it existed.
The Chief Justice asked counsel whether the petitioners had made any application before the ASI for declaring Ramar Sethu a national monument. He also pointed out that the project was cleared in 1999 after inviting objections and no one opposed it then. Dr. Swamy intervened and said the project was cleared only in 2004 and he had written several letters to the Minister concerned and other authorities urging that Ramar Sethu be preserved.
Duty to nation
Mr. Venugopal said it was not a question of some one raising an objection. The Centre owed a duty to the nation and on its own it could declare a structure an ancient monument and take steps to preserve and protect it. The Chief Justice said, “Sometimes ASI may not be aware of all the structures and such a declaration is made on the basis of people’s representations. The ASI can do it on its own also.”
Counsel said: “If the [Sethu] project is allowed to be continued and Ramar Sethu is destroyed, the petitions would become infructuous and the situation would become irreversible. That would be a sad day for this country.”
Earlier, senior counsel Sriram Panchu, Chennai lawyer, appearing for petitioner O. Fernandez, cited various reports and said environment impact assessment, risk evaluation and disaster management studies had not been done properly before the project was cleared. Arguments will continue on May 6.
http://www.hindu.com/2008/05/02/stories/2008050253191300.htm

Anti-Setu lobby invokes faith
2 May 2008, 0259 hrs IST , TNN


NEW DELHI: The Centre may end up dealing with sticky issues of religion and faith in SC to justify its eagerness to go ahead with the controversial Sethusamudram Shipping Channel Project, virtually stalled because of a judicial stay on dredging Ram Setu or Adam's Bridge.

It had avoided dealing with these issues in its affidavit saying matters of faith and religion could not dictate state policies. However, the petitioners, challenging the validity of the project, used faith and religion extensively on Thursday to demand declaration of Ram Setu as a national monument.

A Bench comprising Chief Justice K G Balakrishnan and Justices R V Raveendran and J M Panchal began the final hearing on a bunch of petitions which by conservative estimates is expected to last at least two weeks. This means the court would give its verdict on the petitions rather than decide the request of the Centre for early vacation of the eight-month-old interim stay that restrained the Centre from harming the Ram Setu.

If petitioner O Fernandes through senior advocate Sriram Panchu faulted the project on the ground of its adverse impact on environment — the project being done in a marine sanctuary housing rare sea-cows and corals — senior advocate K K Venugopal, appearing for a Kanchi Mutt monk and AIADMK supremo J Jayalalithaa, said the project involving dredging of Ram Setu hit at the root of the belief of 800 million Indians that Lord Ram had built the bridge.

People's belief, coupled with the existence of the underwater structure which many also believed was used as a bridge by people of India and Sri Lanka since time immemorial to cross the sea, cast a duty on the government to protect it as an ancient monument.

The Bench said: "Assuming that it is man-made and assuming it to be an ancient monument, should it prevent the government from setting up a developmental project?"

Venugopal said: "Under law no one is allowed to take out a single brick from an ancient monument. Developmental projects are necessary for the progress of the country, but not at the cost of ancient civilisation." He then counter questioned. "Can anyone question whether Jesus Christ was actually crucified over a mound at a particular place? None would, for billions believe in the place and the incident."

The Bench asked the petitioners whether anyone ever had actually petitioned the government, especially the Archaeological Survey of India (ASI), for declaring Ram Setu as an ancient monument. Janata Party president Subramanian Swamy said he had sent a letter to this effect to the culture minister who on the floor of Parliament had said that his request had been forwarded to the ASI.

Venugopal said both the Kanchi Mutt monk and Jayalalithaa had made specific prayers to this effect and recalled that a petition signed by 35 lakh people was sent to the President seeking declaration of Ram Sethu as an ancient monument.

While replying to these arguments, the Centre is bound to dwell into the issues of faith and religion. However, in its February 29 affidavit, the Centre had steered clear of the controversy while seeking SC's permission to resume dredging of the Setu.
http://timesofindia.indiatimes.com/India/Anti-Setu_lobby_invokes_faith_/articleshow/3003083.cms
Venugopal says Ram Setu cannot be demolished without ASI report
New Delhi, May 01 Ram Setu, also known as Adam's Bridge, cannot be demolished without ascertaining through a scientific study conducted by Archaeological Survey of India (ASI) whether it is man-made or a natural formation, senior Counsel K K Venugopal today contended before the Supreme Court. Mr Venugopal also contended before a bench comprising Chief Justice K G Balakrishnan and Justices R V Raveendran and J M Panchal that it was strange that the Centre was not prepared to investigate whether Ram Setu is an ancient monument and was spending huge amounts of public money on Sethusamudram Project, having an estimated cost of over Rs 2400 crore.
Sethusamudram has a length of 270 km, out of which Ram Setu is 31 meters long. According to Mr Venugopal, who appeared for Dandi Swami and former Tamil Nadu Chief Minister J Jayalalithaa also, Government owed a duty to the people of the country that before demolishing Ram Setu, it convinced itself that the bridge is only a natural formation and not man-made. He also drew attention to the alleged callousness of the Government and efforts to avoid convincing study by ASI to find out whether Ram Setu is man-made and sought to know from the Government what would happen if the study confirms that Ram Setu is man-made after it has been demolished.
Quoting from the report of former Director General of Geological Survey of India, Mr Venugopal contended that there was evidence of human habitation in the vicinity of Ram Setu. Pleading for rejection of the committee report which is headed by a man who is monitoring the progress of Setusamudram project on behalf of the Government, Mr Venugopal contended that the report could not be accepted as it ran counter to the facts admitted by the Government in its own affidavit.
According to Mr Venugopal, the Government has categorically stated in its affidavit that no study has been carried out to find out whether Ram Setu is manmade or a natural formation.
Earlier, Shriram Kunju appearing for another petitioner, contended before the court that the Government has not conducted any comprehensive environment impact assessment, disaster management or Tsunami impact as a result of the ongoing project. He also contended that even the provisions of Pollution Control Act and Wildlife Act have been ignored.
The petitoners are seeking a declaration from the apex court that Ram Setu is a monument of national heritage and should not be destroyed.
Notably, former Union Minister Subramanian Swamy in his application levelled serious allegations against Union Shipping and Transport minister T R Baalu alleging that he and his family members are having huge pecuniary interest in the project.
The petitoners are pressing that Setusamudram bridge should not pass through Alignment six as it will necessitate the removal of Ram Setu and the project must take an alternative route.
According to Dr Swamy, daughter of Tamil Nadu Chief Minister M Karunanidhi, Kanimozhi, a Rajya Sabha member also has vested financial interest in the project and this is why the Government is in a tearing hurry to complete the project without caring for the faith and sentiments of 80 million people of this country who believe that Ram Setu was constructed by Lord Rama to reach Sri Lanka.
Setusamudram project, when completed, will save three days of navigation time for the ships sailing between Sri Lanka and Indian coast.
The arguments remained inconclusive and will continue next week.
The Central Government is pressing for vacation of an interim stay granted by the apex court on August 31 last year directing the Government not to damage Ram Setu in any manner while carrying out dredging activity.- Bureau Report
Published: Thursday, May 01, 2008
http://www.chennaionline.com/colnews/newsitem.asp?NEWSID=%7B07303594-8901-41D5-9409-DAE90D42DA51%7D&CATEGORYNAME=CHN

Wednesday, April 30, 2008

SC on April 30, 2008: how Nariman tried to get the stay vacated

Court hearing today in Sethu case
J. Venkatesan (The Hindu, April 30, 2008)
The Centre is pleading for vacating the stay on dredging
________________________________________
Swamy has filed two petitions — one to implead Baalu and another to invalidate the project
Matter affects the faith of 800 million people; hence disallow project, says K.K. Venugopal
NEW DELHI: The Supreme Court on Wednesday adjourned to Thursday hearing on a batch of petitions challenging the Sethusamudram Channel Project on the ground that implementing the project further would damage the Ramar Sethu/Adam’s bridge.
Acting on an application from Janata Party president Subramanian Swamy, the court on August 31, 2007 passed an interim order restraining the Centre from causing any damage to the Ramar Sethu.
Confusion
A three-Judge Bench comprising Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice J.M. Panchal agreed to hear the petitions on Thursday after Dr. Swamy and counsel for other petitioners submitted that though the matter had been listed for hearing on Wednesday, there was some confusion as the order passed on April 28 mistakenly showed that the matter would be heard on May 1.
Allow project: Nariman
Appearing for the Centre, senior counsel Fali Nariman and Additional Solicitor General R. Mohan submitted that the application seeking a direction to vacate the interim order could be taken up first. Mr. Nariman said that the August 31, 2007 order should be modified and the project be allowed to go on.
Senior counsel K.K. Venugopal pointed out that the petitions had been listed for final disposal and hence the entire matter should be taken up for hearing. This was a matter of such importance that it should be heard by a five-judge Constitution Bench. He said: “This is a matter which affects 800 million people’s faith. People believe that the Ramar Sethu is something which is built by gods. If the project is allowed to be continued and the Ramar Sethu is destroyed, the petitions would become infructuous.”
Dr. Swamy submitted that the Centre had admitted that the Ramar Sethu was a place of worship and it was going to construct a gallery to enable people to offer worship. He said he had filed two applications, one to implead Union Shipping Minister T.R. Baalu and another seeking a direction to invalidate the project and these should be heard. The CJI said it would be listed for Thursday.
Why the hurry?
Senior counsel Soli Sorabjee, Rajeev Dhavan, M.N. Krishnamani and C.S. Vaidyanathan joined Mr. Venugopal and said the structure should not be allowed to be destroyed. If the government had waited for over 150 years to implement the project, there was no great urgency in taking up the project.
http://www.hindu.com/2008/05/01/stories/2008050155521300.htm

SC to hear arguments on Sethusamudram project
New Delhi (PTI): The Centre's anxiety to push through the controversial Sethusamudram Shipping Canal project was apparently visible on Wednesday when it urged the Supreme Court to hear its plea for vacating the interim order on "Rama Setu" within a restricted time-frame.
"The arguments on vacating the interim order should be completed within a restricted time-frame," said senior advocate Fali S Nariman, who has been roped in by the Centre to argue its case.
However, Janata Party president Subramanium Swamy and others opposing the project contested the Centre's plea saying that it cannot be heard within a restricted time-limit of one or two days as the issue involved was of national importance and linked to religious faith of 800 million people.
The matter which was fixed for arguments on Wednesday could not be proceeded with and was posted for hearing on Thursday as lawyers appearing in the case brought to the notice of the court that there was some confusion as the order mistakenly showed that the matter will be heard on May one.
At the outset, Nariman expressed the urgency for hearing the Centre's application seeking vacation and modification of the August 31, 2001 interim order which had allowed the dredging activity for the project to continue to the extent that it did not in anyway cause any damage to the "Rama Setu."
The interim order was continued when on September 14, the Centre promised to review the project after withdrawing its two controversial affidavits questioning the existence of Lord Rama and a man-made bridge "Ram Setu" or Adams Bridge.
http://www.hindu.com/thehindu/holnus/002200804301921.htm

Rama Setu: national unity, worship; SC mixes up dates

Hearing on Swamy petition against Baalu deferred to Thursday

The Supreme Court Wednesday deferred the hearing on a petition by former minister Subramanian Swamy alleging that Transport Minister T.R. Baalu is trying to hurry up the implementation of the Sethusamudram Shipping Canal Project (SSCP) to further his family's business interests.

From correspondents in Delhi, India, 30 Apr 2008 12:30 PM - (www.indiaenews.com)
The Supreme Court Wednesday deferred the hearing on a petition by former minister Subramanian Swamy alleging that Transport Minister T.R. Baalu is trying to hurry up the implementation of the Sethusamudram Shipping Canal Project (SSCP) to further his family's business interests.

A bench of Chief Justice K.G. Balakrishnan deferred the hearing on the petition by the president of the now defunct Janata Party owing to confusion among various counsels over the date of hearing of the matter.

In an application filed Tuesday, Swamy had alleged that Baalu's family members had business interests in both fishing and shipping sectors, and the building of a shorter sea route around India's southern peninsula would greatly benefit them.

Swamy made the allegation in an application that also sought the court's direction to make Baalu a party to the petition against the implementation of the SSCP project and allow him to have his say during the hearing of the petition.
http://www.indiaenews.com/politics/20080430/114821.htm

SC adjourns Sethusamudram hearing
NDTV Correspondent
Wednesday, April 30, 2008 (New Delhi)

The hearing on the controversial Sethusamudram project has been adjourned in the Supreme Court for Thursday.

A Bench headed by Chief Justice K G Balakrishnan agreed to hear the matter on Thursday after Janata Party president Subramanium Swamy and lawyers for other petitioners brought to its notice that there was some confusion as the order mistakenly showed that the matter would be heard on May 1.

The apex court had earlier stayed the project, which involves dredging a shipping channel between India and Sri Lanka over objections that it would affect the Ram Sethu.

Subramaniam Swamy had filed a petition alleging that Shipping Minister T R Baalu has vested interest in the project as his family companies are involved in it.

Swamy wants TR Baalu be made as a party to the case and the project scrapped. (With PTI inputs)
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080048342&ch=4/30/2008%209:04:00%20AM

New Delhi, Apr 30 (ANI): The Supreme Court will hear a petition against the controversial Sethusamudram project today.

On April 15, the apex court had fixed April 30 as the next date for the hearing of the petition.

Earlier, the Centre had filed a fresh affidavit in the apex court on the project seeking vacation of its interim orders putting on hold any damage to “Ram Setu.”

The 60-page affidavit, cleared by the Cabinet Committee of Political Affairs (CCPA) chaired by Prime Minister Dr. Manmohan Singh, said the government respects all religions but was of view that it should not be called upon to respond to issues of faith, except in recognizing their existence.

The amended affidavit assumes significance as it has been filed after the Centre in September last withdrew its two affidavits in which it had questioned the existence of Lord Ram and “Ram Setu”.

Following an outcry led by the Sangh Parivar over the controversial affidavit, the apex court on September 14, 2007 had allowed the Centre re-examine entire materials afresh to review the Rs 2,087 crore project.

However, it had continued the operation of its August 31 interim order restraining any damage to “Rama Setu” or Adams Bridge, a mythical bridge situated south-east off Rameshwaram, connecting the Talaimanar coast of Sri Lanka.

The court in its interim order had allowed the dredging activity for the project to the extent that it did not in anyway damage the “Rama Setu” or Adams Bridge.
While withdrawing the affidavits, the Centre had said, “it has total respect for all religions, and Hinduism in particular, in the context of the present case. The Central government is alive and conscious of the religious sensibilities, including the unique, ancient and holy text of Ramayana”. (ANI)
http://www.thaindian.com/newsportal/india-news/supreme-court-to-hear-plea-against-sethusamudram-today-2_10043460.html

May 04, 2008
Swamy's book on Ram Sethu released
Abandon Ram Sethu project—Mohan Bhagwat
Ram Sethu linked to sentiments of crores; it needs no logic

—Swami Dayanand Saraswati
"The issue of Ram Sethu is not negotiable. Ram Sethu is natural. All natural things should be preserved. Therefore, Ram Sethu should be preserved as a natural monument. Certain things are natural, and we revere them, so such natural things can be worshipped also. If it is man-made, it ought to be preserved. If it is natural, even then it ought to be preserved, but the issue of Ram Sethu is not negotiable,” said Swami Dayanand Saraswati while releasing a book—Ram Setu, Symbol of National Unity—authored by Dr Subramanian Swamy, at a function held in Delhi on April 20, 2008.

“The Ram Sethu is not just some place; it is a place that is highly praised in so many words in our Puranas; it is in the hearts of all Hindus. Any destruction to the sacred Sethu would hurt the sentiments of crores of Hindus. Any sentiment is sacred. No sentiment needs any logic, and sentiment is above all. Therefore, we don’t need to give any reason for our attitude, that has been inherited since generations,” Swamiji asserted. He asked what logic one should give to prove that India is our Mother. What logic one should give to establish that river Ganga is not just a river but holy river. What logic one should present that Amarnath Cave has a natural Lingam, it is not man-made. Likewise, Salegrams in Hindu houses are natural. One can buy a ring, but one can buy a wedding ring with an extra cost. The ring does not mention as ‘wedding ring’, but it is the way we look at the wedding ring. We have an inner feeling for the wedding ring, which is priceless. The whole thing is a matter of understanding, Swamiji said.

“It is very easy to destroy a certain object, but it is very difficult to create this. You cannot infuse the feeling of oneness into the people. It takes ages. We owe to our forefathers, our all ancestors, for all our attitudes and the way we think. And they instilled this attitude in us. What denies us to step on a book or currency? Because these are the symbols of Goddess Saraswati and Goddess Lakshmi. Even if a book of Indian history is written with all bluffs from cover to cover, even then we cannot step on it. Why? Because we respect it because it is a book”, Swamiji explained. “One friend told me that he doesn’t care for Indian history books because they do not carry true facts. I said they carry truth. He asked Swamiji what truth? I said that the truth is that it has no truth. But it is a book. The book is Saraswati for us, the Hindus”, he said.

Speaking on the occasion, RSS Sarkaryavah Shri Mohan Bhagwat said that we have followed the path of Sri Ram to live an ideal life. Sri Ram liberated the whole humankind from the clutches of demonic Ravana.

Talking about the book on Ram Sethu by Dr Subramanian Swamy, Shri Bhagwat said that Shri Swamy immersed himself in the Ram Sethu Movement and after a thorough research, he put together all the vital information about the Sethu in this book. The book is not merely an intellectual exercise but he has also written the book keeping in view the aspirations of common Indians. He emphasised that this book should be widely publicised and translated in all Indian languages.

Rapping the UPA government for expediting the SSCP under the pressure of USA, VHP president Shri Ashok Singhal said that today India is faced with threats from all sides. What happened in Tibet is no secret. Every effort is being made to destroy their culture despite the repeated statements by HH Dalai Lama for a peaceful dialogue to resolve the issue. With the capture of power in Nepal by Maoists, India in the coming days might face grave threats. Talking about one such threat, Shri Singhal said that about six years back Maoists dictated that Sanskrit will not be taught in any school.

He exhorted the people that the struggle has to go on and particularly during the election time. People say politicians remember Ram only when there is election. Since politicians only understand the language of votes, then it is the power of ballot that would make them respect the sentiments of Hindus, he added.

Dr Subramanian Swamy, the author of the book Ram Setu: Symbol of National Unity, said that he has given scientific verifiable evidence to back the widely held belief that the Ram Sethu is a constructed causeway, made on the direction of Bhagwan Sri Ram to enable his army to cross over to Sri Lanka. The author’s study of Ram Sethu covers all the aspects of historicity, economics, environment and national security.

Jagadguru Shankaracharya of Sharda Peetham, Sringeri, Jagadguru Shankaracharya Swami Swarupananda Saraswati of Dwarka Peeth, Swami Nishchalananda Saraswati of Govardhan Peeth, Puri, and Jagadguru Shankaracharya Swamigal of Kanchipuram had sent their blessings to the author on the occasion.

—By Deepak Kumar Rath
http://www.organiser.org/dynamic/modules.php?name=Content&pa=showpage&pid=235&page=9

Difficult Questions to Judges of the Supreme Court

IF SETHU IS NOT SACRED WHY WOULD MAHATMA GANDHI'S ASTI WAS IMMERSED IN DANUSHKODI?

On 12.2.1948 Mahatma Gandhi's asti was immersed in Danushkodi .If Sethu is not a sacred place why should it be immersed here? If the stay is vacated the SSCP will use RDX to blast away a portion of Ram Sethu.The Ram Sethu must be saved at all costs.Ram Sethu for us is sacred .There is famous saying " Mannum Sethu". The earth taken from Sethu maddhi is very important, where ashes of the dead are immersed.

Ashes of famous political leaders like Mahatma Gandhi, Nehru, Rajendra Prasad, Lal Bahadur Satri, Indira Gandhi,Sanjay Gandhi, were immersed here. Many Presidents like VV Giri and Judges also had their last rites done and their ashes immersed in Sethu Teertham Former President APJ Abdul Kalam's family took pilgrims by boats from Danushkodi to perform the immersions and the last rituals. (See: Introduction to Wings of Fire by the author)

This place is so hallowed that one offers sraddham and pindam for not only to one's ancestors even for one's friends and unknown strangers, hence four balls of rice(pindam) are offered here,instead of the three rice balls offered in other places.Sethu maddhi is the place in the seventh island where according to sankhya karma, maha prayaschittam is done over three days.There are 108 teerthas in the island.Two have been destroyed by the government.It is holy place for Hindu,Muslim and Christian Fishermen.

Fishermen have been performing a ritual called "neeratudhal" in the centre of the sea. The boats are taken inside the sea and made to face the ramanatha swamy temple and garlands are ofered to the boat, coconuts broken and campour lit.

Revenue Records on Raman Theedai

According to SLR (Survey Land Registration) NO 1251,Danushkodi,Patta dated 30.9.97 Danushkodi comprises an area of 5236.51.5 hectares.Raman Thittai has 12 hectares and 91 cents, equivalent to 39 acres.Before 1964 cyclone local fishermen took permission to go to Rama's island and stayed there for days togeather and did fishing.Customs and excise department know the history of the Raman Theedai.

EV Ramaswamy Naicker Parents came to Danushkodi and performed Sethu Snanam.Even Late Congress President Sitaram kesari's parents also performed Tirtha yatra to Danushkodi.

Raman Theedai (seventh island) is exactly the place which is going to be dredged. Before 1964 cyclone chatrams and temples were in Danushkoddi where sadhus lived there.

Infront of the sacred Kodanda Rama swamy temple there is two headed muniswarar temple. The wind direction changes every six months. before fishermen go for fishing they offer to the diety and before crossing over the Sethu Bridge, which is called "Neeratudhal". All fishermen including christians perform that ritual.

After the cyclone Danushkodi was abandoned.Now the population of Danushkodi is 2000, if proper trasport facilities are made, then it will increase to at least 6000.The Goverfnment have not only abandoned Danushkodi, but also demolished an Iron bridge {that was from the British period} that connected Rameswaram to Danushkodi.

One illangai muni a contractor from Pondicherry did the demolition work during the time of MP Rajeswaran (some 15 years ago).They have not done any alternative construction. The place is is now isolated and cut off.
Systematic efforts to pushing Danushkodi out of people's memory has been underway.

There has been an effort to relegate the history of Daanushkodi to back yards and disconnect it from public memory as the following acts indicate.

In the 1947 kumbabhishekam Invitation printed by the Ramanathaswamy Devasthanam, Ramasethu, and Sethu Puranam were prominently quoted .Even in the letter that accompanied the invitation solicting donations mention the above mentioned facts.

In 1975 also the same was repeated. Since 1967, when the DMK came to power the invitation for the first time in 2001 the invitation did not carry the Sethu Mahatmiyam and any mention of Rama Sethu.This is systematic distortion to make people forget Rama Sethu.

Now the guides are showing only the delapidated railway station and a damaged church as remnant of danushkodi which is far from truth.After Rama sethu issue became famous people started coming by asking for Danushkodi. Now 10 FOUR WHEEL DRIVEN VEHICLES ARE PLYING EVERY DAY. THREE OF THEM BELONG TO MEMBERS OF LOCAL DMK- THE PARTY THAT WANTS TO DESTROY RAM SETHU.

Rameswaram and Ramnad people do not use bulls to till their land. They also do not use machines to extarct oil from seeds. this shows the reverence they have for land. Kalanginathar , one of the 18 siddhas went to China from here.His samadhi is in the sea shore. Matsyendranath is also interred in jeeva samadhi. Maharishi Patanjali's Samadhi is inside the Sanctum the Ramanatha swamy temple.Panchamugha anchaneya temple is in Arichal Munai. The first theedai is called Arichal Munai.

Using fiberglass boats by Rameswaram fishermen has been banned by the government. This is sheer discrimination. While all other fishermen from Kanyakumari and Tuticorin are allowed to come here in the fiber glass boats and do the fishing. The international territory extends upto 200 KMs. But Indian fishermen are allowed to go upto eight KM only. These are remnants of colonial policies that our Govt is following, and this is discrimination.

Before the 1964 cyclone, there was a railway track going right upto Danushkodi, which was destroyed in the cyclone. The place has been abandoned since though it has been a place of pilgrimage and people do go there.Earth acquires importance in this Stalam.For from here Sita Devi made a Shiva lingam which is still worshipped in the Temple. From here pilgrims carry the sand and immerse it in Prayag and Kasi, and the water from prayag is brought all the way and abhshekam is performed to shiva in rameswaram.this is the practise that is going on for several yugas.Several books on theertha yatras mention this. That is the reason why you see pilgrims coming here from all over India.

Bhogar, kalanginathar, Guru Govind Singh have come here and meditated and Chatrapathi Shivaji Maharaj also came and made offerings. There is a very famous Sikh Gududwara in Rameswaram.

Matsyendranath one of the desicples of Dattatreya also came here. Late in the 19 century Swami Vivekanada came here. Holy mother Sarada Devi also came here and offered worship. There are mathams from all over India, having their monastries or chatrams in Rameswaram. The Kasi Sethu yatra from south traversed always from Rameswaram and ended in Kasi .There is a famous kasi lingam which was brought by Hanuman from kasi is still HOUSED in the temple.

Raman Theedai ( Island) is the exact place where the dredging is going to be carried out.Saints in the past have gone there to do their famous Teerth Snanam.Rameswaram is called Karma kshetram or Bhaskarakshetram.this has existed in all four yugas:Satya -Treta-Dwapara-Kali. The four mukthi stalams situated in the four corners of Bharat are- Badri , Puri, Dwaraka and Rameswaram. Mortal Judges may come and go but Immortal Rama and his Rama Sethu will remain for ever.

GP.SRINIVASAN
Camp.Rameswaram, Correspondent, Hinduvoice

Sunday, April 27, 2008

To protect Rama Setu, women light lamps, SC case impleads TR Baalu

To protect Rama Setu, women light lamps, SC case impleads TR Baalu



http://epaper.dinamalar.com/ArticleImageEx.aspx?article=28_04_2008_003_012&type=1&mode=1

Dinamalar, April 29, page 3

Translation:

To protect Rama Setu, women light lamps in the Setu ocean

Rameshwaram, April 28.

To protect Rama Setu, many women offered prayers by lighting lamps in Agniteertham ocean.

On behalf of Rama Setu Protection Movement, yesterday, starting from Goswami Matham many women went in a procession to Agniteertham ocean.

Movement functionary, Thillai Bhagyam led the procession which passed through four streets which started at 6 PM and reached the ocean

There, Special prayers were offered to protect Rama Setu by lighting lamps. Following this, the lamps were allowed to float on the ocean to complete the prayers. After this, they went to Rameshwaram temple and offered special prayers to Shiva and Ambal.

Hearing tomorrow on plea to vacate stay on Sethu project

Legal Correspondent (The Hindu, April 29, 2008)

Swamy seeks to implead T.R. Baalu in his personal capacity

New Delhi: The Supreme Court will hear on April 30 the Centre’s application for vacating the interim stay restraining it from causing any damage to Ramar Sethu (Adam’s Bridge) in implementing the Sethusamudram Ship Channel Project.

The court will also take up for hearing Janata Party president Subramanian Swamy’s plea for a direction to invalidate the project and to appoint a committee to consider it afresh.
Acting on his application, the court on August 31, 2007 passed the restraint order, while permitting dredging to continue in other areas. In its response, the Centre made it clear that it was not feasible to consider an alignment alternative to the existing one. On Monday, senior counsel Fali Nariman and Additional Solicitor-General R. Mohan, appearing for the Centre, told a three-judge Bench that the matter could be heard on Wednesday as the first item. (The matter is shown at the bottom of the list for hearing on Tuesday).

Dr. Swamy and counsel for other petitioners agreed and the Bench, comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and Mukundakam Sharma, fixed the hearing for Wednesday.

Dr. Swamy, in his application filed on Monday, sought permission to implead Union Minister T.R. Baalu in his personal capacity, alleging that there was a conflict of interest between his business interests and impartial performance of duties as Minister for Shipping and Surface Transport. He alleged that the Minister was pushing through the project as two companies — Meenam Fisheries and Westgate Logistics — managed by his sons had close links with it.

Rama Gopalan plea
Meanwhile, Hindu Munnani leader Rama Gopalan, who had filed a petition along with Dr. Swamy, in his rejoinder to the Centre’s affidavit, said the National Institute of Oceanography in cooperation with the Archaeological Survey of India should be asked to undertake an underwater survey to declare Ramar Sethu an ancient monument. Until then, it must not be damaged.

The rejoinder said: “Ramar Sethu is not a mere stone or body or cave of water as claimed by the Centre. It inheres [in it] the very essence of the identity of the nation.”
http://www.hindu.com/2008/04/29/stories/2008042952121100.htm

Baalu’s business interest in Sethu project: Swamy
April 28th, 2008 - 9:37 pm ICT by admin
New Delhi, April 28 (IANS) Former Union Minister Subramanian Swamy Monday alleged in the Supreme Court that Union Transport Minister T.R. Baalu is trying for expeditious implementation of the Sethu Samundram Shipping Canal Project (SSCP) to further his family business interests. In a fresh application filed in the apex court, the former minister alleged that Baalu has family interest in both fishing and shipping and building a shorter navigational sea route around India’s southern peninsula would greatly benefit his family business.

Swamy made the allegation in an application which also sought the court’s direction to make Baalu a party to his petition against the implementation of the SSCP project and allow him to have his say during the hearing of his petition.

Swamy, along with several others, is agitating before the apex court seeking to stall the implementation of the SSCP project, aimed at building a shorter navigational sea route after damaging the Adam’s bridge or the Rama Sethu between India and Sri Lanka.
In his application, Swamy said, “Baalu and his various family members, including his two wives and two sons, have stakes in a private firm named Meenam Fisheries Limited which has fishing and shipping interests in the Palk Strait, Gulf of Mannar and the company will tremendously benefit from the implementation of the project.”

Quoting from Baalu’s affidavit filed before the Election Commission of India, declaring his assets and liabilities, Swamy said the minister himself has declared that he owns shares worth Rs 2.94 million in Meenam Fisheries Limited, while one of his two wives, T.R.B. Porkodi, owns its shares worth Rs 675,600.

Citing records from the Company Law Board, Swamy said that Baalu’s another wife, B. Renuka Devi, and his two sons T.R.B. Rajkumar and T.R.B. Raja are the directors of the company, which is a public limited company with deep sea interest.

A market leader in India with fishing operations in more than four countries and exporting all over the world, the company owns a number of vessels with such tonnage that allows their navigation in the shorter sea route around India.

Swamy also added that a shorter navigational sea route around India, beside serving Baalu’s own family business interest, would also enhance the same for other leaders belonging to DMK to which the minister belongs.

He said DMK Rajya Sabha MP Kanimozhi from Tamil Nadu, too, owned shares worth Rs 350,000 in another company Westgate Logistics, which is engaged in services like “stevedoring, shipments consolidation and deconsolidation, global freight forwarding and customs management, regional warehousing and distribution network in the SSCP project.”

Swamy’s petition is to be heard Wednesday by the apex court.
http://www.thaindian.com/newsportal/business/baalus-business-interest-in-sethu-project-swamy_10042951.html

Baalu's business interest in Sethu project: Swamy
http://www.indiaenews.com/india/20080428/114424.htm

Now, Parliament panel slams Baalu for interfering in ports’ functioning
Economy Bureau
Posted online: Tuesday , April 29, 2008 at 2236 hrs

New Delhi, Apr 28Already in the dock for admitting that he used his position to request for favours for his son’s company, T R Baalu now faces flak from Parliament panel who have asked his ministry to desist from interfering in port trusts’ functioning.

The public accounts committee of the Parliament in its action taken report, regarding the avoidable expenditure due to delay in taking a decision over the procurement of a dredger, reiterated that “the ministry should desist from intervening in commercial and operational matters concerning the port trusts, decisions on which should be best left to professional experts serving the port.”

The port trust and the ministry continually changed their stance on the construction and supply of a dredger, which led to an avoidable additional expenditure.

Other gaps found by the committee that led to the additional expenditure included the decision to sell the dredger under construction to the Dredging corporation of India on a cost plus basis and then in-chartering it for dredging activities of the port without conducting a feasibility and cost analysis.

The accounts committee’s report says that the interference of the ministry in the internal working of the Chennai Port Trust especially in matters relating to the commercial operations (owning or outsourcing the dredger) was uncalled for.
The public accounts committee’s examination of the issue brought the issue of the autonomy of the port into focus. The committee observed that since the Port trust was in a better position to assess its requirements relating to dredging and other related operational and functional difficulties, the ministry should have left the functioning of the owning and outsourcing a dredger to the Port Trust.

The committee also observed that even though the DCI offered very competitive rates to the Chennai Port Trust, the ministry did not accept them for a long term agreement which did not allow the trust to take a practical commercial decision.
http://www.financialexpress.com/news/Now--Parliament-panel-slams-Baalu-for-interfering-in-ports--functioning/302750/

Nail conflict of interest
29 Apr 2008, 0001 hrs IST , Upamanyu Hazarika


Conflict of interest between a minister's official duties and personal interests has reared itself again with allegations of lobbying against shipping and surface transport minister T R Baalu.

The minister has admitted with astonishing candour that he spoke with petroleum minister Murli Deora for allotment of gas to a family-owned company.

Not just that: The Prime Minister's Office sent eight reminders to the petroleum ministry to expedite the allocation.

Such brazen instances of official patronage occur with distressing irregularity in India.

Two years ago, Union communications minister Dayanidhi Maran came under the scanner for having threatened an industrialist for refusing to give a stake to his family-controlled company, Sun TV.

This prompted the leader of the opposition, L K Advani, to address a detailed letter to Prime Minister Manmohan Singh on the "extortionist conduct" of Maran.

Conflict of interest of ministers in western countries is governed by specific statutes setting out a detailed Code of Conduct, including post-employment restrictions for ministers and requiring rigorous adherence.

In India, there is a significant gap as conflict of interest does not find mention in the Constitution or in any statute.

The oath of office requires a minister to discharge duties "without fear or favour, affection or ill will", but the consequences for a breach are not spelled out.

There is a 'Code of Conduct for Ministers' issued by the cabinet secretariat. But it has no binding effect. It only requires a minister to divest himself from the conduct and management of any business.

The Supreme Court recognised this in the Jain hawala case where it approvingly referred to the Code of Conduct for ministers in Britain and issued directions insulating investigating agencies from political interference.

The court referred to a similar position in England which led to the constitution of a committee headed by Lord Nolan on "Standards of Public Life".

The Nolan committee set out seven principles on public life — selflessness, integrity, objectivity, accountability, openness, honesty and leadership — which is extremely relevant in today's context.

The Supreme Court, referring to the principles, went on to say: "These principles of public life are of general application in every democracy and one is expected to bear them in mind while scrutinising the conduct of every holder of a public office... Any deviation from the path of rectitude by any of them amounts to a breach of trust and must be severely dealt with instead of being pushed under the carpet".

However, these directions remain a dead letter for the government and the political establishment, the emphasis being limited to declaration of assets.

Regular allegations of conflict of interest require an institutionalised mechanism for addressing such issues.

The steep decline in standards of public life can be gauged from the fact that Jawaharlal Nehru, in the wake of allegations against his finance minister T T Krishnamachari for favouring Harish Mundhra with investments by LIC in Mundhra's company, promptly set up an independent commission of inquiry by an eminent judge, M C Chagla.

The commission submitted its report in one month leading to Krishnamachari's resignation, the latter being held morally responsible.

Although Nehru disagreed with the report, he permitted his minister to resign to uphold probity in public life, expressing disagreement only by personally going to see off Krishnamachari.

It also speaks volumes for Nehru's greatness that when it came to finding a replacement in his cabinet for Abul Kalam Azad, he chose Justice Chagla.

Today, we have a situation in which Baalu has confessed that he sought favours. Conflict of interest is not a criminal activity and at the highest level can be said to have more to do with upholding morality in public life.

Prescription of a rigorous Code of Conduct making it enforceable by a committee of the concerned legislature will go a long way in avoiding instances of blatant favouritism.

The shipping minister would not have been so brazen if an enforceable Code of Conduct had been in place.

(The writer is an advocate.)
http://timesofindia.indiatimes.com/Opinion/Editorial/Nail_conflict_of_interest/articleshow/2992615.cms
NT Bureau | Mon, 28 Apr, 2008 , 02:31 PM
The issue of Union Shipping Minister TR Baalu, misusing his position and power to favour his sons' firms, is likely to affect the Sethusamudram Ship Channel Project as well.

Janata Party president and former Union Minister Dr Subramaniam Swamy is likely to file an 'interlocutory' petition with a prayer to extend the stay of dredging Rama Sethu to the entire project itself till certain urgent matters of 'conflict of interests' are heard by the court.
This interlocutory petition is likely to be filed when the Centre is making a mention before the Chief Justice for a priority listing for vacating the stay. The petitioners from Rama Sethu protection movement are likely to seek time to file the interlocutory petition.

In his interlocutory application, it is learnt that Dr Swamy has documented how the ship channel project will profoundly benefit Union Shipping Minister's wife and their sons, as large shares of owners of Meenam Fisheries Limited, as well as, the Tamilnadu Chief Minister M Karunanidhi's wife Rajathiammal and daughter Kanimozhi as major share holders of Westgate Logistics (P) Limited.

Both companies will directly benefit from the project, because, at present Meenam's fishing trawlers and motorised boats have to travel from Port Blair to Kakinada for a longer distance around Sri Lanka for sea food exports (about $ 2 million in value annually).

Westgate Logistics' business will also boom once the project is implemented, because, it's main business being stevedoring, piloting and customs and freight handling, it is expected to increase with the supposed increase of ship traffic from Tuticorin to Chennai and to Kolkatta.

Swamy has pointed out in his application to the Supreme Court that both Baalu and Kanimozhi have admitted owning shares in these companies in their affidavits filed as candidates in the Lok Sabha and Rajya Sabha elections respectively.

Earlier, Swamy had also written to the Prime Minister seeking sanction to prosecute Baalu under Section 11 and 13 of the Prevention of Corruption Act.

He told Jaya TV that he was examining whether to ask the Tamilnadu Governor for sanction to prosecute Karunanidhi for the same reason.

It seems the SSCP ghost might pose a scare at the UPA chairperson Sonia also.

Swamy had said that, he is examining whether the recent contract given for dredging in the SSCP by the Dredging Corporation of India to the Belgian company, 'Dredger International' had anything to do with Sonia's receiving the 'Belgian King Leopold Golden Cross medal' and Honorary Citizenship Award.

Officers of the 'Dredger International' were in attendance when Sonia went to Brussels to kneel before the King and receive the award.

The Election Commission is still seized of her disqualification petition and yet to pronounce its verdict, after sending her a notice.

It seems the UPA is in deep trouble more than what it would have anticipated in the aftermath of Baalu's 'gas' bid. Difficult times ahead!
http://newstodaynet.com/newsindex.php?id=6953%20&%20section=7

Setusamudram hey kaarasthan (Setusamudram is a conspiratorial place)

Setusamudram hey kaarasthan (Setusamudram is a conspiratorial place)

Press Release:


Janata Party President and former Union Cabinet Minister, Dr. Subramanian Swamy today circulated a letter to the petitioners in the Rama Setu case in the Supreme Court to seek time on Monday [when the Union of India is making a mention before the Chief Justice for a priority listing] to file an interloculatory application to extend the Stay granted on August 31,2007 against the damaging or destroying of the Rama Setu, to staying the entire Sethusamudram Ship Channel Project[SSCP] till the certain urgent matters of conflict of interest are heard by the Court.

In his interloculatory application, it is learnt that Dr. Swamy has documented how the ship channel project will profoundly benefit Union Shipping Minister Mr. T.R. Baalu's sons and two wives[which itself is a criminal offence itself under Section 494 of IPC and carries a seven year punishment] as large shares of owners of Meenam Fisheries Limited as well as the Tamil Chief Minister Mr. M.Karunanidhi's wife Rajathiamma and daughter Kanimozhi as major share holders of Westgate Logistics Limited. Both companies will directly benefit from the project because at present Meenam's fishing trawlers and motorised boats presently have to travel from Port Blair to Kakinada for a longer distance around Sri Lanka for sea food exports[ about $ 2 million in value annually]. Westgate business will also boom once the project is implemented because it's main business is stevedoring, piloting and customs & freight handling which with the claimed increased ship traffic from Tuticorin to Chennai and to Kolkatta will increase business of the Westgate Logistics. Dr. Swamy has pointed out in his application to the Supreme Court that both Baalu and Kanimozhi have admitted owning shares in these companies in their affidavits filed as candidates in the Lok Sabha and Rajya Sabha elections respectively.

Dr. Swamy has also written to the Prime Minister seeking sanction to prosecute Mr. Baalu under Section 11 and 13 of the Prevention of Corrupton Act. He told Jaya TV that he was examining whether to ask the TN Governor for sanction to prosecute the Chief Minister Mr. Karunanidhi for the same reason.

He also said that he is examining whether the recent contract given for dredging in the SSCP by the Dredging Corporation of India to the Belgian company, Dredger International had anything to do with Ms. Sonia Gandhi's receiving the Belgian King Leopold Golden Cross medal and honorary citizenship. Officers of the Dredger International were in attendance when Ms. Gandhi went to Brussels to kneel before the King and receive the award. The Election Commission has yet to pronounce on her MP disqualification petition on this matter, after sending her a Notice.

Dr. Subramanian Swamy

Dredger Intl of Belgium dredges in Setu and Sonia gets the Belgium Medal of Order of Leopold

On 28th Sept. 2006, Dredging Corporation of India tells the AGM about Consortium agreement with Dredging International of Belgium. King Albert II hosted a lunch on Saturday, 11 Nov. 2006, afternoon in honour of Sonia before she got the Medal of Order of Leopold.

Corporate Notice

Source: BSE - Dredging Corporation of India Ltd (DCI) has informed BSE about press note issued in connection with the 30th Annual General Meeting (AGM) of the Company held on September 28, 2006 : 1. Sethusamudram Ship Channel Project: - The Company has made a contribution of Rs 5.50 Crores towards equity for the Special Purpose Vehicle, Sethusamudram Corporation Ltd. - The Company has been awarded capital dredging work of E3-E4 stretch in Palk Strait area adjoining Bay of Bengal on nomination basis in June 2005. Out of 13.5 Million cubic meters to be dredged, The Company so far dredged around 6.09 million cubic meters and will complete the balance work by June 2007 within the scheduled period of completion. - The Company also entered into Consortium agreement with Dredging International and participated in tender for balance work of Sethusamudram Ship Channel Project viz., Work "C" - Palk Bay, Palk Strait and Work "A & B" - Adams Bridge…

3. Major Initiatives of the Company to meet Future Dredging Requirements in India and Abroad: The Company has initiated number of measures to maintain its market in India, expand its market outside India, improve quality and upgrade employee skills, improve safety management systems etc. The following are some of the important measures being initiated by the Company in this direction: 3 (a) Acquisition of New Dredgers / Addition of Capacities: - Long term Acquisition programme has been drawn up taking into account the market demand in the next 10 years and action in this direction has been initiated. - Mean while in order to meet immediate market demand and to augment the capacities to the extent possible, the Company proposes to charter dredgers through Trans Chart. A Charter Party agreement has been signed for charter of a 4700 Cu.M hopper capacity trailer suction hopper dredger on July 06, 2006. The Dredger has been delivered to the Company on September 07, 2006 and is presently working at Sethusamudram Ship Channel Project. - The Company has also placed provisional orders for chartering of two more dredgers of 5000 CUM hopper capacity and is to charter more dredgers through Trans Chart after establishing the technical suitability of the vessels. - Order has been placed with Mazagaon Dock Ltd., Mumbai in October 2005 for procurement of one number Cutter Suction Dredger of 2000 cu.m solids per hour capacity and the vessel is expected to be delivered by December 2007. - Tendering action is on hand for procurement of 5000 Cu.M hopper capacity Trailer Suction Hopper Dredgers and for other vessels. - Action is also on hand for procurement of one number Backhoe dredger and two numbers self propelled hopper barges for carrying out dredging works in front of berths and jetties and for consolidated strata, which cannot be carried out by TSHDs or CSDs. 3 (b). JV / SPVS: - Project specific JV for joint participation for SSCP has been finalized with Dredging International and joint biddings have been submitted for work "C" and Work "A&B" of Sethusamudram Ship Channel Project. - Discussions are on hand with Companies in Bahrain for formulating joint venture companies for carrying out dredging operations in Middle East Countries. - The Company is also looking for identification of JV partners for joint participation in some major capital dredging projects in India…

Source: NSE - Dredging Corporation Of India Limited has informed the Exchange that the Company has entered into an Memorandum of Understanding with M/s Dredging International NV, Belgium (DI) for joint participation as a consortium in bidding for dredging and for execution, if the contract is awarded to the consortium , of the Sethusamundram Ship Channel Project at the sections - Adam's Bridge and/or Southern part of Palk Starit/Palk Bay. A Memorandum of understanding to this effect was signed between the Company and DI on April 13, 2006. Date: 2006-04-19

Source: BSE - Dredging Corporation of India Ltd has informed BSE that the Company has entered into an Memorandum of Understanding (MoU) with M/s Dredging International NV, Belgium (DI) for joint participation as a consortium in bidding for dredging and for execution, if the contract is awarded to the consortium, of the Sethusamudram Ship Channel Project at the sections - Adam's Bridge and / or Southern part of Palk Starit / Palk Bay. A Memorandum of understanding to this effect was signed between the Company and DI on April 13, 2006. Date: 2006-04-19

http://indiaearnings.moneycontrol.com/sub_india/corpannoun.php?sel_comp=DCI

Dredging Corporation of India

The Directors have pleasure in presenting this 30th Annual Report
together with the audited accounts of the Company for the year ended
31st March, 2006…

The charter hire agreement of the Cutter Suction Dredger, DCI Dredge
Aquarius with M/s Dredging International was extended from June 2005
for two years, upto June, 2007.

http://www.moneycontrol.com/stocks/company_info/directors_report.php?sc_did=DCI


Sonia gets Belgium's Order of Leopold

H S Rao in Brussels | PTI | November 11, 2006 | 22:09 IST
In a unique honour, Belgium on Saturday conferred the Order of Leopold, the country's second highest civilian award, on Sonia Gandhi, Congress president and United Progressive Alliance chairperson, for her "constructive nationalism" and her efforts to foster a multicultural, tolerant society in India.
Belgian Prime Minister Guy Verhofstadt presented the decoration 'Grand Officer of the Order of Leopold' on Sonia in the presence of a galaxy of leaders including Belgian Foreign Minister Karel De Gucht, Viscount E Davignon,Indian Council for Cultural Relations Chairman Dr Karan Singh,ICCR Director General Pawan Varma and India's Tourism Minister Ambika Soni.
Previous recipients of the Order of Leopold include Yugoslav Communist leader Josip Broz Tito and former US president Dwight Eisenhower.
At the same venue, Bozar, where a four-month long festival of India is being held, the Brussels University conferred a honarary doctorate on Sonia.
Prof Bvan Camp, rector of the university, conferred the doctorate on Sonia for distinguishing herself in her areas of work and contributing significantly to society.
Previous recipients of the university doctrate include Nelson Mandela, former president of South Africa, Lord Yehudi Menuhin, world famous composer, Brezed Cullar former UN secretary general, Dr Willy Brandt, former chancellor of Federal Republic of Germany and Sir Peter Ustinov, ambassador of UNICEF.
King Albert II hosted a lunch on Saturday afternoon in honour of Sonia in which members of the royal family including Prince Philippe, Princes Mathilde, Prime Minister Guy Verhofstadt and Foreign Minister Karel De Gucht were present at the Royal Laeken Castle in Brussels.
Official sources said the luncheon by the king in honour of Sonia assumes significance in view of the fact that the President of Pakistan Pervez Musharraf, who had visited earlier in September, failed to get an audience with him.
Responding to the honour conferred on her, Sonia said, "I do believe that by conferring this distinction you are recognising not the individual that I am, but the values that I have imbibed and stand for."
She said that she was but 18 when she met her husband Rajiv Gandhi and not long after that she married and moved to India.
"I am reminded of what my mother-in-law Indira Gandhi used to say, 'One's real education is in the university of life'," she said.
"What I am today is largely because of being a member of the remarkable family into which I married, and because of the love I've received throughout from the people who have accepted me as one of their own," Sonia said.
Referring to the 'Festival of India' that has come to Europe after a decade and half, the UPA chairperson said she was delighted that it was being held in the magnificent premises of the Palais de Beaux Art.
Noting that the choice of Brussels for the festival is a considered one, Sonia said, "Your beautiful city has become in many ways the capital of the European Union. It is the seat of the European Parliament and the European Commission. It has a great sense of culture and history."
She said the exhibition inaugurated on Saturday was part of the Festival of India and was unique.
"This is the first time that so many rare priceless sculptures have been taken abroad from among the treasures housed in museums all across India," she said.
Tejas, the name given to the collections, is a Sanskrit term that implies "effulgence, radiance, energy". It symbolises the enduring dynamics and creativity of Indian culture.
"Tejas profiles India's civilisational journey over 1,500 years of a most formative period of its past," she said.
"Going back in unbroken continuity to the dawn of history, our history is an inclusive one," Sonia said.
Over the centuries it has absorbed influences, faiths, ideas and people without compromising its essential integrity and strength, she said.
"Today our nation is a land of diversity and variety on a constitutional scale," she quoted India's first prime minister Jawaharlal Nehru vividly describing India as "an ancient palimpsest on which layer upon layer of thoughts and reverie had been inscribed and yet no succeeding layer had completely hidden or erased what has been written previously."
"Though outwardly there was diversity and infinite variety among our people. Everywhere there was that tremendous impress of oneness, which has held all of us together for ages past, whatever the political fate or misfortune had befallen us," Sonia quoted Nehru as saying.
"We are proud that our culture reflects this. We happen to be the birthplace of four of the world's major religions and home to the second largest population of another faith, Islam," Sonia said.
Noting that India was no stranger to Europe, Sonia said the formidable scholarship of Indologists in various countries of this continent has not only made the world aware of India in its various manifestations, but also made Indians themselves aware of their own history and heritage.
"Being inheritors to a historic heritage is both empowering and humbling. It is empowering because of the remarkably old roots of our nation's composite character. It is humbling because of the enormous responsibility it places on us to preserve it and make it accessible to others," she added.
She said in the modern world there is much that India and Belgium share in common. "Democracy, rule of law, freedom of speech, independent judiciary, a free press and protection of human rights are fundamental values to which our two societies are wedded," Sonia said.
"In the area of economy and trade, our two countries have been expanding and deeping their partnerships. Belgium is the second largest trading party for India with the EU. Our bilateral trade crossed 8 billion euros in 2005, much of it contributed by the diamond trade. In recent years, there has been renewed interest in India because of its economic and technological achievments and because of the contribution of its diaspora. But the India that is on display here is a different one," she said.
"It is an India rich in its philosophical thought, multiple faiths and beliefs. It is an India that once 2,000 years ago had proclaimed vasudeva kutumbakam -- the world is one family," she added.
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