Adani Port was selected as the concessionaire for the Vizhinjam Seaport Project and began construction of the port on December 5, 2015.
In August, Adani Ports and its contracting partner Howe Engineering Projects, approached the High Court seeking police protection in light of the ongoing protests against the construction.
The project has been opposed by the fisherfolk community which, allegedly under the leadership of the Catholic Archdiocese of Trivandrum, are demanding, among other things, proper environmental impact studies, rehabilitation of families who lost their homes to coastal erosion and rectifying coastal damages.
On September 1, the Kerala High Court had directed the State government and police to ensure that necessary police protection is granted to the petitioners to carry out the activities permitted in accordance with the contracts entered into by them.
The Court had made it clear that while the protest can continue peacefully and lawfully, it cannot extend to obstructing ingress and egress of the petitioners, its subcontractors, employees or officials to and from the project site, or obstruct the activities of the project without any authority of law.
It had ordered that in case the State government and police are unable to see that law and order is maintained in the locality, necessary steps shall be taken to seek appropriate assistance from the Central government.
In the contempt plea, the petitioners contended despite submitting many representations to the authorities and despite the order of the Court, the protestors were continuing to block the entrance to the site, organising dharnas and hunger strikes and even barging into the sites and damaging property.
It was argued that the project has been at a standstill for over a month and that the respondent authorities are wilfully defying the Court’s order by not providing adequate police protection. Therefore, the plea sought initiation of contempt of court proceedings as per the Contempt of Courts Act, 1971.
Adani Ports and Howe Engineering were represented by Senior Advocates S Sreekumar and G Sreekumar respectively along with advocates Roshen D Alexander, Tina Alex Thomas and Harimohan.
Vizhinjam Seaport was represented by Senior Advocate VJ Mathew and advocates Vipin P Varghese, Adarsh Mathew, Kevin Mathew George, Merlin Mathew and Meera Elsa Jose.
Source: Barandbench
