Directives of the SC verdict: Tabular statement

Dear Dr. Manmohan Singh,

Subject:- Safety of Kudankulam nuclear power project– Hon’ble Supreme Court order dated 6-5-2013 in CA 4440/2013 arising out of SLP (C) 27335/2012- Action points for DAE

I refer to Hon’ble Supreme Court order cited above.

While the apex court has indeed given the “green” signal to the government to go ahead and commission the plant, the court has rightly embedded several red caveats in the order.

The essence of the apex court order lies in the last sentence of para 228 as extracted below.

The life of some cannot be sacrificed for the purpose of the eventual larger good”.

The following extract from para 229 has great relevance for any action plan that your Ministry, MOEF, AERB and NPCIL may formulate.

Before proceeding to issue certain directions, it is required

to be stated that the appellant, by this Public Interest

Litigation, has, in a way, invoked and aroused the

conscience/concern of the court to such an issue. True it

is, the prayer is for the total closure of the plant and the

Court has not acceded to the said prayer but his noble

effort is appreciated to put forth the grievance of the local

people and the necessity of adequate safety measures as

is perceived. When such cause comes up before this

Court, it is the bounden duty to remind the authorities “Be

alert, remain always alert and duty calls you to nurture

constant and sustained vigilance and nation warns you not

to be complacent and get into a mild slumber”. The AERB

as the regulatory authority and the MoEF are obliged to

perform their duty that safety measures are adequately

taken before the plant commences its operation. That is

the trust of the people in the authorities which they can ill

afford to betray, and it shall not be an exaggeration to

state that safety in a case of this nature in any one’s hand

has to be placed on the pedestal of “Constitutional Trust”.

Thus, the apex court has acknowledged the “noble” effort of the civil society epitomised by the appellant in this case that invoked and aroused the conscience/concern of the court to the safety concerns of the people living in the vicinity of the project. The apex court has also reminded the government of the “Constitutional Trust” it has reposed in the government to ensure safety and fulfill the assurances it has given.

May I remind you that I have written to you vide my letters dated 24-6-2012, 18-2-2013, 5-3-2013 & 20-4-2013 (enclosed) pointing out the possibility of sub-standard equipment having been procured for the plant and its possible deleterious impact on the safety of the plant itself during its operation. I feel disturbed that neither you nor your Ministry has cared to acknowledge the receipt of my letters nor act upon them, leading to serious apprehensions about the seriousness of DAE to avert a Fukushima-like accident.

In my view, the apex court has given the “green” signal placing its trust in the ability and willingness of DAE, MOEF, AERB, NPCIL and the State authorities to enforce the statutory norms of safety and protection of the environment. The apex court’s order has far reaching implications. I have listed out the points of action for all concerned in the enclosed statement from the point of view of the public residing in the vicinity of Kudankulam in particular and for the civil society as a whole. There are clearly stipulated pre-conditions for starting the operation of the plant. Every one of them has equal importance. DAE is obligated under Section 4 of RTI Act, 2005 to take the public into confidence on what it has done on each of these items. It can no longer act behind a veil of secrecy.

Mr. Prime Minister, may I request you to fulfill the Constitutional Trust referred by the apex court and ensure that the points raised by me are evaluated with care and sensitivity to safety? May I request you to acknowledge the receipt of this letter?

Regards,

Yours sincerely,
E.A.S.Sarma
Former Secretary to GOI
Visakhapatnam
8-5-2013

Attachments:

Letter to PM on Rosatom Scam 18-2-2013
Letter to PM on Safety 20-4-2013
Letter to the PM on Safety of Kudankulam 5-3-2013
letter to the PM on Welds 24-6-2012
SC directives Tabular statement