[K-Rail Silverline] Should protestors bear the brunt of criminal cases: Kerala High Court asks State government

The Kerala High Court recently asked the State government to consider whether those implicated in criminal charges for opposing physical SIA (Social Impact Assessment) with respect to K-Rail Silverline project should continue to bear the brunt of such proceedings despite the government passing orders directing that SIA should be done through modern techniques [Muralikrishnan v State of Kerala]..Justice Devan Ramachandran ordered the government to look into the criminal cases registered against persons who took part in the widespread protest against the use of large, prominent survey stones for the K-Rail Project.“..the aspect of the criminal cases having been registered against the protesters is one which the Government must look into and inform this Court, because even they now recognize - through their subsequent order directing the SIA to be completed only electronically or through geotagging - that a project of this nature cannot be executed without the support and help of the citizenry as a whole. Since they themselves now seem to admit that the SIA ought to be done through modern techniques, rather than using physical stones etc., surely, it must engage the attention of the Government whether those citizens who are implicated in charges for having opposed the physical SIA should continue to bear the brunt of such proceedings,” the Court said in its order..Justice Ramachandran orally remarked that the protestors who opposed the SIA are not criminals but citizens and their support is required for the development of the K-Rail Project.“They are not criminals, they are citizens. Such a project cannot take place without the support of the people,” he orally remarked..K- Rail, a Joint Venture Company was created with the object of undertaking project development works for several projects, including conducting surveys, preparation of Detailed Project Report and getting requisite approvals, processing for sanctioning of identified projects, and implementing of the sanctioned project.Silverline project was identified by the K- Rail for the development of a 529.45 km high-speed rail corridor connecting the State's northernmost and southernmost districts (Kasaragod and Thiruvananthapuram). The project is expected to cost the public exchequer ₹63,940.67 crores..The Court was considering a batch of petitions challenging the steps taken by the State in relation to the project and seeking to restrain all pre-investment activities including land acquisition.During the previous hearing, the State government informed the Kerala High Court that the SIA for the Silverline project of the K-Rail will remain stopped until a new notification is issued by the government.The Court had decided that the writ petitions challenging the steps taken by the State in relation to the K-rail project won’t be closed, but the legal contentions urged may not be relevant now because the SIA was subsequently halted..In the present order, the Court found it appropriate to wait for some more time since it found no change from the earlier position. Special Government Pleader TB Hood and advocate Ganesh Rao also submitted that (SIA) has been stopped and it will not resume without further notification.The Central Government Counsel Jayasankar Nair reiterated that the Government of India has not even approved the Detailed Project Report (DPR) and that there is a lot of confusion remaining with respect to its technical aspects and feasibility.The Court ordered the Railway Board and Central Government to inform it whether there has been any change in status of the DPR by September 26, when the matter will be taken up again..[Read Order]