HC says no to blanket order on FIRs under IPC 

Special correspondent 
 
May 27, 2018 00:00 IST

Plea relates to provisions for obstructing public servant from discharging duty

The Madras High Court has refused to pass a blanket order directing the Tamil Nadu government and the police not to register a First Information Report (FIR) or a chargesheet for offences such as obstructing public servants from discharging their duties.

The First Bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose recently disposed of a PIL filed by a lawyer called Balaji, seeking a direction to the police not to register an FIR or a chargesheet under Sections 172 to 188 of the Indian Penal Code.

In its order, the Bench said such blanket orders could not be issued and “certainly not in a public interest litigation”.

Any individual, however, had the alternative of filing a criminal revision application for quashing the proceedings on the ground of breach of the mandatory provisions of law, it added.

IPC Sections 172 to 188 deal with offences such as obstructing a public servant in discharging his public functions and disobedience to order duly promulgated by a public servant, among others.

The petitioner also sought a direction to the police not to register an FIR on the contention that the offences under the specific sections were non-cognisable.

Samayapuram jumbo taken to Mahalikudi 

C. Jaisankar 
 
TIRUCHI, May 27, 2018 00:00 IST


Elephant Masini with Gajendran, whom it trampled to death.
Pachyderm taken off temple duty, kept under observation

The Forest department has asked the Samayapuram Mariamman Temple authorities to keep elephant Masini, which trampled its mahout G. Gajendran to death on Friday, away from temple activities for three months.

The decision was taken after the visit of the Chief Conservator of Forest, Yogesh Singh, and senior officials of Forest, Animal Husbandry and Hindu Religious and Charitable Endowment (HR&CE) departments to Mahalikudi, where the agitated elephant has keen kept under observation after being shifted from the temple on Friday evening.

Under stress

A team of veterinarians, led by N.S. Manoharan, forest veterinary surgeon, who inspected Masini, desisted from conducting physical tests considering the high level of stress that the jumbo was under. However, the vets conducted a behavioural observance test to study its aggressiveness.

District Forest Officer D. Sujatha told The Hindu that Masini was taken to Mahalikudi with the help of a few mahouts of the Sri Ranganathaswamy Temple in Srirangam and Sri Jambukeswarar Akilandeswari temple in Tiruvanaikoil. The elephant had started taking routine diet and it was obeying instructions of a retired mahout, whose services had been roped in.

A few additional steps have been taken to create a green ambience in the shelter. The elephant would be kept in the open space.

“We are closely watching Masini. It is found normal. However, there are reasons to believe that it is in a state of confusion after the loss of its instructor,” Ms. Sujatha said.

Since it required a few more weeks for the animal to calm down, it could not be involved in routine temple duties and festivals for three months. “The need of the hour is to keep Masini in a tranquil environment. It is not advisable to subject it to any physical examination immediately as it may increase its stress level,” said a senior veterinarian.

Meanwhile, after cleansing rituals and special pujas, the Sri Mariamman Temple was reopened to devotees on Saturday morning.

How copper came a cropper 
 
SPECIAL CORRESPONDENT 
 
CHENNAI, May 27, 2018 00:00 IST



Massive agitation:Anti-Sterlite protesters laying siege to the Collectorate, demanding the closure of the copper manufacturing unit in Thoothukudi on May 22.N. Rajesh 

An industrial unit becomes the focal point of agitations in Thoothukudi against pollution. The May 22 agitation and firing on anti-Sterlite protesters will go down in Tamil Nadu’s history as one of the most violent incidents of people-government interface

On May 22, 2018, the anger of locals over the pollution that industries in Thoothukudi were spewing reached a flashpoint. In the six days following the protest and police firing, the town remained on the boil. The district authorities are still trying to build confidence among the people. Twice shot, literally, the locals, who are mourning the death of 13 of their own, have begun to see the administration as adversaries.

The problem, though, goes back to the arrival of the Sipcot Industrial Estate over an area of 1,083 acres in 1994. It marked the beginning of a saga of struggle by the locals as the air over Thoothukudi was no more clean. Pollution levels started to go up and fishing, the mainstay of the town, was threatened.

A research paper published in the journal of the Geological Society of India’s July 2017 issue said numerous large- and small-scale industries in Thoothukudi had affected water quality by dumping effluents. It pointed out that the concentration of certain elements in groundwater exceeded the standard values prescribed by the WHO. It even named the polluting units, including Sterlite, Heavy Water Plant and Nila Sea Foods.

The National Environmental Engineering Research Institute reports of 1998, 1999, 2003 and 2005 on Sterlite Copper, the factory in the eye of the current storm, showed that the plant was polluting the environment through emissions that did not conform to the standards laid down by the TNPCB under the Air Act and Water Act. The Supreme Court, in its April 2013 order, slapped a fine of Rs. 100 crore on Sterlite, applying the polluter pays principle. On a couple of occasions, allegations of gas leak from Sterlite could not be confirmed as there were other industrial units in the vicinity that had the potential to cause pollution.

Fear and anger

In the last few months, the slogan, “Copper for Sterlite, cancer for people” has been heard in villages around the Sipcot complex in Thoothukudi. On the face of it, there seems to be no immediate provocation for the revival of the anti-Sterlite agitation, which began in 1994, in A. Kumareddiyapuram. There was, activists allege, much pent-up anger and frustration of the people over their inability to stop the opening of new units or expansion of existing ones (Sterlite Copper, in this instance) that, in their perception, would pollute the environment further. The agitation slowly attracted people from South Veerapandiapuram, Pandarampatti, Silverpuram, Madathur, Meelavittan, Ayyanadaippu, Sankaraperi and Mappillaiyoorani.

J. Veerapandi, a postgraduate in chemistry, and a local, claims: “These villages situated close to Sterlite Copper have been witnessing deaths caused by cancer and respiratory diseases, birth of children with congenital disorders and increased instances of miscarriage. The villagers suspect that these are caused by liquid and gaseous effluents discharged from the copper-manufacturing unit. And this anxiety, fear and anger brought the people together against the mega project.”

The earliest of the notable protests happened on March 20, 1996, when about 500 fishermen laid siege to cargo shipMV Reesathat was carrying raw materials for Sterlite. The ship had to be rerouted to Kochi from where copper ore was transported to Thoothukudi via road. The fishermen had their own fears. Having witnessed the effects of fly ash, the effluent discharged by the Tuticorin Thermal Power Station (TTPS) into the sea initially, they too opposed Sterlite Copper. “Our country boat fishermen used to harvest the delicious ‘kooni iraal’ (baby prawn) in areas where the fly ash was dumped by TTPS initially. As the dumping of the hot and polluting waste continued over a decade, the breeding ground of ‘kooni iraal’ at this point vanished. Apart from this, a few more tasty, small-fish varieties too disappeared from this area,” recalls S. Manoharan, a mechanised boat driver from Tharuvaikulam, a coastal hamlet near Thoothukudi.

Though the fishermen of Thoothukudi and nearby coastal hamlets had directly experienced the ill-effects of TTPS, the first coal-based power plant to come up in the region, they did not intensify their protest. But they had to pay a hefty price for it as they lost the revenue they could get by harvesting ‘kooni iraal’ and other varieties of fish. Though fly ash is now used for a range of purposes to give additional income to the project proponents, the damage already caused to the environment is immeasurable, they add.

When a fertilizer unit near Thoothukudi recently released inadequately treated water with huge content of ammonia into the sea, it killed several tonnes of fish that were washed ashore. Though the TNPCB, with the help of the Fisheries College and Research Institute, Thoothukudi, could prove that the ammonia present in the effluent at the hazardous level had killed thousands of fish, the fertilizer unit was let off with a warning.

“Industrial heavy weights, for augmenting their revenue, are wiping out our livelihood with their improperly-treated effluents. All this cannot be tolerated anymore. That is why the anti-Sterlite protest has united everyone here; they see it as a voice against pollution in their area,” says S. James, a fish trader from Poobalarayarpuram.

Salt manufacturers also have a tough time with the effluents. “The suspended particulate matter coming down from the thick black smoke billowing from the nearby private coal-based thermal power plant seriously affects the quality of salt produced in my pan. As the black particles settle down on salt, its quality is compromised and, consequently, I get a lower price for my product, ” says A. Antony Dhanaraj, a salt producer near Tharuvaikulam. “Now, the circle is complete with industrial pollution becoming a common thread to link people from various sections of an otherwise divided society. When the dots are connected, it became a full-fledged protest against ‘one’ of the polluters,” observes A. Joseph Prem Anand of Manickapuram, who now lives in North Carolina. He coordinates the anti-Sterlite protests in the U.S.

Welcome worn out

Mr. Prem says that for more than two decades, Sterlite Copper has been a major polluter — a description acknowledged by the Supreme Court. Over the years, the toxic waste from the industry has polluted the air, water and land of Thoothukudi and its surroundings. A document authored in 2010 by Mark Chernaik of the Environmental Law Alliance Worldwide1 categorically states that “..copper smelting facilities have adverse environmental impacts that can extend for several tens of kilometres.”

The document demonstrates how the smelting complex in Thoothukudi “is endangering human health and the environment and contaminating water supplies.”

It also found toxic quantities of arsenic, cadmium, nickel and sulphates in soil samples from villages adjoining Sterlite Copper. These poisonous substances were found to have caused the death of livestock and adverse effects on the health of local villagers, even at that time, he argues.

When the copper smelter came into existence in 1996, local people thought the industrial development would provide job opportunities for local youth. But the cost of development has been disproportionate to any benefit it had for the local community, they say.

K. Kanagaraj of the CPI (M) says the initial euphoria of having a factory nearby wore off pretty quickly. On July 5, 1997, about 100 women workers of a nearby artificial flower plant fainted and were hospitalised. The cause could not be attributed to Sterlite since there were other units in the area with polluting potential.

On August 20, 1997, some employees of the TNEB, who were working in a nearby sub-station, were affected by continuous emission of concentrated sulphur dioxide. A blast that occurred at the unit on August 30, 1997, killed two contract workers and caused damage to an adjacent building and equipment, he recounts.

Incidence of cancer increased in Thoothukudi in 2009, 2010 and 2011, he claims and goes on to charge hospitals with not maintaining proper reports. The gas leak from the plant on March 23, 2013, sparked public outrage and fears that Thoothukudi would turn into the Bhopal of the south.

Fueling protests

More than the proliferation of chemical units in the SIPCOT industrial complex, what worries residents is the manner in which they get environmental clearance or resume operations after mandatory suspension. Sterlite Copper had to be shut down at least five times in the past on charges of violations or gas leak. But what added new vigour to the current agitation is the Centre’s approval for expansion of the copper smelter.

Fatima Babu of Thoothukudi, an environment activist, contends in a public interest litigation petition filed before the Madurai Bench of the Madras High Court that Sterlite Copper obtained the sanction for expansion "by availing exemption from public consultation by misrepresenting location as being within a 'notified industrial estate/complex'." She claims that the location of the second copper smelter is within the Sipcot Thoothukudi Industrial Park, which is still at the planning stage and awaiting necessary environment clearances.

Documents obtained by her under the RTI Act reveal that the survey numbers of land needed for copper smelter expansion fell within the land earmarked for the proposed industrial park, she claims.

The expansion plan also fuelled the current bout of protests. There are many people who question the rationale behind allowing an industrial estate of chemical units at a distance of 14 km from the ecologically sensitive Gulf of Mannar Bioreserve, against the mandatory 25 km. The complex is also in close proximity to habitations of the coastal town.

In this context, they point out that the industrial complexes in Manali/Ennore, Ranipet, Cuddalore, Mettur and Thoothukudi have become “environmental hotspots.”

( With inputs from S. Annamalai in Madurai, and P. Sudhakar and J. Praveen Paul Joseph in Thoothukudi )

Villages close to Sterlite Copper have been witnessing deaths caused by cancer

J. Veerapandi

Thoothukudi resident

Industrial heavy- weights are wiping out our livelihood with improperly treated effluents

S. James

Fish trader
SPECIAL CORRESPONDENT

Pilot’s timely intervention saves baby

Vikram.Vinod@timesgroup.com

Kochi: 27.05.2018
Timely intervention by a pilot on board a Bhubaneswar to Bengaluru flight last week saved the life of a fourmonth-old baby. Captain Nishanth Nair, commander of the Air Asia flight, diverted the flight to Hyderabad to save the baby of a biscuit factory worker.

On May 23, Odisha native Singari Singh boarded the aircraft with his daughter, wife Pulasi Singh and friend Subal Sahu to take the baby to Narayana Hrudayalaya hospital in Bengaluru to get her treated for her heart problem.

About 40 minutes ahead of the flight’s landing, the baby became breathless after being breastfed. When senior cabin crew member Priyanka Pradhan informed the pilots that a doctor onboard has advised that child must be deplaned and provided immediate medical care, they decided to divert the flight to Hyderabad.

“We contacted Hyderabad ATC and informed them of the situation. Within 25 minutes we landed and all preparations were in place to receive the child,” said Nishanth Nair, a pilot based in Bengaluru with 16-years of aviation experience under his belt. 

Guruvayur Devaswom’s 40-yr-old elephant dies

Thrissur: 27.05.2018

Vineeth Krishnan, a 40-year-old tusker belonging to Guruvayur Devaswom, died at Aanakotta, the elephant yard of the Devaswom.

Devaswom veterinarian Dr Muraleedharan said that the elephant was not keeping well for the past couple of years. The elephant was not being paraded in the festival for the past two-and-a-half years considering its ailing condition, he said.

The elephant was not taking proper food for the past one year, and it had developed edema in the lower portion of the stomach. It was not able to walk properly.

The veterinarian said that the elephant fell down about five days ago, and it was lifted up using a crane. There was a slight improvement in its conditions for about three days after that, following the treatment. However, it fell down and died on Saturday morning. TNN 



TRAGIC END: The elephant was not being paraded in the festival for the past two-and-ahalf years considering its condition

‘Govt can’t do much if monkey attacks a person in his house’

TIMES NEWS NETWORK

Varanasi: 27.05.2018

Reacting to recent incidents of dogs and monkeys attacking people across the state, UP urban development minister Suresh Khanna said if a monkey attacked a person in his house, there was not much that ‘satta’ (power) could do.

Khanna was in Varanasi on Saturday to attend an event to mark the completion of four years of Prime Minister Narendra Modi-led National Democratic Alliance (NDA) government at the Centre.

The minister was answering a question about what the state government was doing to crack down on feral dogs killing children in Sitapur and increasing incidents of bulls and monkeys attacking residents in Varanasi.

Earlier during the event, Khanna, who is also the minister in charge of Varanasi, gave an account of ₹29,527-crore corpus sanctioned by the Centre for over 400 development projects gifted by Modi to Varanasi — which is his parliamentary constituency — in the last four years.

Lauding the achievements of the Modi government, he said, “As many as 271 projects worth ₹966.11 crore have been completed so far, while 69 others worth ₹8,513.59 crore are in progress. The completion of these projects will improve basic infrastructure as well as facilities in education, health and tourism in Varanasi.”

Didn’t take tuitions, says CBSE topper

Shikha.Salaria@timesgroup.com

Noida: 27.05.2018

Meghna Srivastava, a student of Step By Step School, Sector 132, Noida, has emerged as the all-India topper this year in CBSE Class XII examinations by scoring 499 marks or 99.8%. She is the second girl from the city to achieve the feat consecutively for two years.

A humanities student, Meghna says she is thrilled at the achievement and is trying hard to deal with the sudden media attention.

In fact, the attention is here to stay for a while as she scored 100/100 marks in four subjects — psychology, geography, history and economics — and 99 in English.

Most of the CBSE officials TOI spoke to said this might be the highest score a student has got so far in the Class XII board exams.

While Meghna had been a diligent and a consistent student throughout, the CBSE economics paper leak controversy did upset her, she admitted. “It was really upsetting because I had studied really hard for the economics paper. It was very frustrating when I got to know that there was going to be a re-test. But it was good that it turned out to be as good as my first paper,” she told media persons.

Meghna said she wants to pursue psychology as her major and hopes to get admission in University of British Columbia in Vancouver, Canada.

A singer, a voracious reader and an active volunteer of an NGO at her school Step By Step in Sector 132, the 17-yearold says she can’t remember the number of hours she had been devoting to her studies every day.


DELIGHTED: Meghna Srivastava, a student of Step By Step School, Noida, has emerged as the all-India topper this year in CBSE Class XII exams

Separatist’s daughter is topper in J&K

Srinagar: Sama Shabir, daughter of separatist leader Shabir Shah, has topped in Jammu and Kashmir in the CBSE Class XII results . A student of Delhi Public School Athwajan here, Sama Shabir secured 97.8% marks, an official of the school said.

She is the daughter of Jammu Kashmir democratic Freedom Party (JKDFP) chief Shabir Shah who is currently lodged in Tihar jail. Shah was arrested in September by the Enforcement Directorate in a case of alleged terror funding in the valley to fuel unrest. Jammu & Kashmir chief minister Mehbooba Mufti congratulated Sama on her success and said she was “truly an inspiration for the youth of our state”. PTI