Sunday 27 August 2017

Transfer of Goa cases to Delhi NGT – an affront to justice – By Jose Maria Miranda


The decision of the MOEF to shift Goa cases from National Green Tribunal in Pune to Delhi has rubbed salt into the wounds of green activists in Goa, already exasperated with several cases they had to file in NGT. The irony is that, though bound to protect the beauty and environment of the State and the health and livelihood of its people, both the Central and State Governments themselves shamelessly are  trying to destroy them, sometimes in league with their associates like Adanis and Jindals.

So unfair and arbitrary was this decision of placing Goa, a Western State, under Delhi – with even Gujarat, closer to the national capital, continuing under Pune - that the Honourable Judges Nutan Sardesai and G. S. Patel, very commendably felt the need to take suo motu cognizance of this blatantly irrational and mischievous attempt of the Ministry of Environment and Forests to trouble and deprive justice to Goa’s selfless and dedicated activists. Justice Patel, who has very recently joined Goa Bench, is associated with many PILs on environmental issues and was the recipient of International Fellowship in Environmental Law in California.

With Goa, the smallest State, among two other giants, accounting for over 40% of cases under NGT Pune, it defies logic and common sense –obviously with our Governments having neither - to target Goa alone. The number of cases decided against the Government and still pending, is a tribute to Goans’ spiritedness but also a clear demonstration of how irresponsible the Government is in flouting environmental rules. However, undaunted by the thrashings it received from NGT, Pune or rather apprehensive of further setbacks to their autocratic behaviour, the shameless MOEF has now gone to the point of attempting derailment of justice and keeping it out of  people’s reach.

Among the many defeats the Government suffered at NGT Pune are the MOEF Circular dispensing with public hearing for MPT projects, which brought about the massive opposition to coal handling, the illegal dredging at Mormugao Harbour pompously inaugurated by the infamous Nitin Gadkari. The construction of a tower – cum restaurant in Colva in no development area, the Sernabatim road construction by cutting a sand dune, the development of Chapora Jetty, the Golf Course at Tiracol and several other violations of CRZ regulations at various places that it would be long to enumerate.

The discomfort of BJP Government with NGTs are on record, as the latter have been a thorn in their flesh, with several rulings going against the arbitrary and highly suspect decisions of these Governments, which, true to their national manifesto, had bluntly assured that “industrial growth would take precedence over environment protection”.

In New York, Prakash Jawadekar, then Minister of Environment & Forests, had stated that the focus of his government, was “lifting India’s masses above poverty through encouraging economic growth and not protecting environment”. The Environment Ministry, appointed in 2014 a high level Committee which recommended curtailing the powers of NGT. Anticipating public outcry, the government chose an indirect way of diluting NGT powers through the Finance Act 2017. It lowered the qualifications needed for appointment of Chairperson and members of NGT. Noted environmental lawyer, Ritwick Dutta commenting on the issue said: “The new qualifications have serious consequences and huge implications on the quality of leadership as well as independence of the NGT” adding that qualifications to become an expert or judicial member at NGT are also diluted, while giving greater bureaucratic control over the selection procedure. “Once the new rules are implemented, the NGT will be manned by people who neither are qualified nor possess the experience, training, vision and outlook to deal with complex environmental problems. In addition to the above handicap, the members of the NGT will not have the administrative as well as functional autonomy and will be ‘under’ the control of the very (Union Environment) Ministry whose decisions they are required to adjudicate upon. Public confidence is bound to be low on such an Institution,” Dutta stated. The term of office of a member which is 5 years is reduced to 3 years, despite SC direction that a five year term is required for members of the Tribunal. Other diluted provisions relate to salary and allowances of expert and judicial members of NGT, their removal from office and sanction of leave. These provisions are “draconian”, another SC lawyer commented.

It may be recalled that Manohar Parrikar had stated in Goa Assembly that   "NGT was stepping out of its jurisdiction and acting like a high court", that he could not afford to send his officers to NGT to attend the proceedings and requested the then MOEF, Jawadekar to streamline the Tribunal’s functioning. While dismissing the contempt petition filed against the CM, NGT, Pune, had, however passed strictures, saying: “The respondent should have chosen his words carefully in public speeches… have acted like a statesman and not as a popular leader since his position was that of a chief minister — the most important post in the state. We need not add anything further, so as to put a word of advice in this context, as we are hopeful that the respondent will take caution in future before criticizing any other pillar of the democracy,"  Parrikar had also called the NGT Pune ban on sand mining a case of “judicial overreach”.

It therefore seems certain that the highly ridiculous decision of transferring Goa cases to Delhi NGT was taken if not in connivance, at least with the consent of Goa Government and Goans irrespective of Party affiliation must take a serious note of this and join the fight against this gross injustice.

No comments:

Post a Comment