Protect Rama Setu: Press Release by Rameshwaram Rama Setu Movement

25
VSK TN
    
 
     
POINTS
MADE IN THE RAMA SETU MATTER
IN
SUPREME COURT ON NOVEMBER 26, 2013
1. My Writ Petition was first
filed in May 2007 in the Madras High Court seeking judicially review of the
SSCP, in particular its aim to rupture the Rama Setu to cut out a canal on the
sea bed of the Gulf of Mannar and Palk Straits. It was admitted and Notice was
issued.
2. In the sworn filed by the
Learned ASG filed a counter affidavit in the Hon’ble MHC in which UOI admitted
that Rama Setu is held sacred and is a place of worship for Hindu pilgrims.
3. This was judicially noticed
by the First Bench of the Hon’ble Madras High Court in their Order of June 19,
2007 [Paper Book p. 77 and 93-94].The Hon’ble First Bench of MHC issued
directions in the said Order to the Ministry of Culture to file affidavits on
the ancient monument status of the Rama Setu u/s AM&AS Act(1958) in
view of the fact that the “definitions given in the 1958 Act it would be
apparent that an ‘ancient monument’ has been given a very wide meaning. It
would mean to be any monument which is very old having historic past of record.
It can also be a stone, a post, a river etc.”.
4. Subsequently, on a petition
filed by the UOI in July 2007 in this Hon’ble Court, my WP was transferred to
the Supreme Court in July 2007. In their Order, the First Bench reaffirmed the
MHC directions on the ancient monument status.
5. From ancient times Rama Setu
has been held sacred by the Hindus. Under Section 295 of IPC, that faith of the
people is what matters.
6. In AIR 1958 SC 1032 at para.
7; p.1035, this Hon’ble Court held: “Any object however trivial or destitute of
real value in itself, if regarded as sacred by any class of persons would come
within the meaning of the penal section” [ i.e., Section 295 IPC which
penalizes any destruction, damage or defilement of any object held as sacred by
any class of persons as an insult to their religion].
7. This Hon’ble Court further
held in that matter that: “Courts have to be very circumspect in such matters,
and to pay due regard to the feelings and religious emotions of different
classes of persons with different beliefs, irrespective of the consideration
whether or not they share those beliefs, or whether they are rational or
otherwise, in the opinion of the court”.
8. Valmiki had 10, 000 years
ago recorded in the Ramayana that when Lord Sri Rama took out his agni-bahn in
Dhanushkodi to dry out the sea, in order to create a path to walk to Sri Lanka,
Samudra Raja emerged from the sea to inform the Lord of the environmental
consequences of releasing the agni-bahn.
9. The Lord of the Sea
suggested instead to Sri Rama to use the ridge under the Gulf of Mannar and
build on it the setu with coral rocks from the shore area, which project then
Lord Rama entrusted to Nala, the Vanar tribe architect.
I.           SACREDNESS
OF RAMA SETU
10.    The clear
direction of the Madras High Court contained in the   Order of June
19, 2007 was as follows:
“ The Ministry of Culture and
Tourism is directed to file a counter affidavit explaining [emphasis
added] whether any study has been undertaken by  the archaeological or any
other concerned department in respect of the Adam’s Bridge/Rama Sethu and
whether the said bridge can be regarded as a national monument within the meaning
of the 1958 Act.”[ref: APPLICATION TO VACATE THE INTERIM ORDER, para.15;p.30].
11.    After my
Writ Petition was transferred in July 2007 to itself by this Hon’ble Court, the
MHC directions were re-affirmed.
12.    Subsequently
on August 30, 2007, this Hon’ble Court granted me a stay on any proposal of the
SSCP Corporation to rupture the Rama Setu. 
13.    In the
written submission on behalf of the Union of India [UOI] made before this
Hon’ble Court subsequently, the Learned Additional Solicitor on September 14,
2007 assured this Hon’ble Court to honour the sentiments of the Hindus with
regard to Lord Rama in the new counter affidavit that the Respondent UOI would
subsequently file— after withdrawing their earlier counter affidavit filed on
September 10, 2007 which contained averments that hurt the religious and
cultural sentiments of the people of India.  
14.    In 2012
the UOI finally filed an affidavit washing its hands off stating that the Court
may decide for the Respondents on matters of faith.  A reference was made
to the so-called Committee of Eminent Persons set up by the SSCP nodal Ministry
of Shipping.
15.    The
Report of the Committee on this important matter had  stated as follows:
“ 10.10. Upon a review of the
archaeological investigations done in India so far[emphasis
added], the Committee notes that no archaeological studies have been undertaken
in the Rama Sethu/Adam’s Bridge area. As yet [emphasis
added], no evidence pertaining to archaeological remains of any man-made
structures are known from this are known from this area”
16.      Such
an updated study could reverse the current view of some on the mythical status
of the Rama Setu.
17.      For
decades, for example, the Sarasvati River referred to repeatedly in the Vedas,
was derided as “mythical” by some scholars, but in 1982 scientists of the
Ministry of Space led by Prof. Yash Pal established with the then new
technology of satellite photo-imaging that Sarasvati River did exist and is now
flowing underground.
18.      Similiarly,
Dwarka city of Bhagwan Sri Krishna was dismissed as a figment of Hindu
imagination, till 1994 when Dr. S.R. Rao, then Director General of the
Archaeological Survey of India of the Ministry of Culture, led a team under the
Gujarat coastal sea for six years, and established its existence.
19.      It
is relevant to point out that Dr. Rao has written in 2007 a letter to the
Minister of Shipping to ensure that the Rama Setu is protected and declared as
an ancient monument and world heritage site[ ref: ANNEXURE P-7 Colly].
20.      Hence,
given the materials already at hand, with a further study by the Department of
Marine Archeology  that meets international norms of investigation and
standards of research, the Rama Setu may be scientifically established as
constructed and a cherished heritage.
21.      Document
No. NIOT/C-1046/TPT-Sethu/VBC-BH/Final Report of the National Institute of
Ocean Technology, Chennai [NIOT] of the Union Ministry of Earth Sciences, UOI, under
the charge of the Prime Minister[ref: ANNEXURE P-8], was prepared by a team of
the NIOT led by the former Director of the GSI, Dr. S. Badrinarayanan, and
submitted in February 2005.
22.      This
Report was in fact prepared by the NIOT on the request from the Sethusamudram
Ship Channel Project. It was made available earlier in April 2007 by the said
Ministry to the President of India on a reference following the representation
made by the H.H. Jagadguru Shankaracharya of Puri Math, Swami Nischalananda
Sarasvati [ref: ANNEXURE P-9].
23.      Based
on these materials, it is clear that NIOT Project Coordinator Dr.
Badrinarayanan had opined and which opinion was communicated to the President
of India[ref: ANNEXURE P-8, op.cit.] that the geological studies by
the Team conducted do appear to point as follows:
These things appear to point
these coral rock pieces and pebbles have been transported and placed in these
areas.”
[emphasis added].
“Since the calcareous sand stones
and Corals are less dense than normal hard rock and quite compact, probably
these were used by the ancients to form a connecting link to Sri Lanka, on the
higher elevations of the Adams bridge ridge and this is analogous to modern
causeway.” 
[emphasis added].
24.      This
same NIOT in April 2005 submitted another report based on fresh boring of six
holes just offshore in Rameshwaram island.
25.      Moreover,
three now retired Directors of the GSI, Gopalkrishnan, Badrinarayanan, and
Subramanian had submitted a jointly authored detailed research paper to the
so-called Committee of Eminent Persons, in which they have stated that there
are scientific evidences to indicate that the Rama Setu is an ancient
constructed causeway.
26.       But
this paper has not been evaluated by the Committee. This failure or lapse is a
reflection of bias.
27.      The
Respondent UOI has recently re-written to the UNESCO re: Manjuli island which
is situated in the midst of the Brahmaputra river flowing through Assam, near
Jorhat, seeking that it be declared a world heritage site for certain reasons
of belief[ref: ANNEXURE P-11 Colly] and size. The Rama Setu eminently qualifies
by those very criteria.
28.      Therefore
there can be no substance in the Respondents’ averment in this instant Rama
Setu matter that “The Union of India is of the belief that it should not be
called upon to respond to issues of faith, except in recognizing their
existence”.[ref: COUNTER AFFIDAVIT para.88;p.59].
29.      In
fact, on the contrary, the earlier counter affidavit of the Respondent UOI had
to be withdrawn when remarks of the non-existence of Sri Rama in the text led
to great public indignation and protests. Most prominent and respected Hindu
religious leaders came out of their religious seminaries and strongly objected.
Hence, by doing or not doing, the Respondents could put public order at risk.
30.      In
the famous Shah Bano case, the Union of India was not called upon by this
Hon’ble Court to respond to issue of faith in amending personal law of Muslims.
Yet a Bill was enacted into law by the Parliament to in effect nullify this
Hon’ble Court’s earlier judgment.
31.      In
the Delhi Metro Rail AIIMS-Qutab Minar Corridor construction, the Union of
India intervened after an issue of faith was raised against the Corridor
alignment by some Islamic NGOs. They contended that the overhead alignment
proposed in the Detailed Project Report of the Rs.2358 crore project could
threaten the Qutab Minar and some en route tombs by the vibrations of the Metro
Rail service, and hence wanted the Alignment changed. The Union of India then
directed the Delhi Metro Rail Corporation to change the Alignment despite the
project’s work being in full swing. At an additional cost of Rs 400
crores, the Corporation changed the chosen Alignment to meet the demands of
faith [ref: ANNEXURE P-12 ] and re-worked a new underground Alignment.
32.       In
this instant Rama Setu desecration matter, besides it being violative of
Article 49 of the Constitution, the statutory provisions of the Ancient
Monuments and Archaeological Sites & Remains Act(1958), and the Indian
Penal Code[Section 295], the demolition or damaging of the Rama Setu will have
cataclysmic and profound consequences for the secular and public order of
Indian society. It is well settled by case laws that this Hon’ble Court may
then intervene in such cases to judicially review the decision-making process
so as not to allow injury to the public because of dereliction of constitutional
and statutory obligations and duties on part of the Respondent. 
33.      Moreover,
what to do, or not to do, so as to promote economic development while
respecting issues of faith is a very important question that impinges
importantly on Constitutional law and that requires urgent judicial
determination by this Hon’ble Bench of this Hon’ble Court.
34.      In
the United States, the Religious Freedom Restoration Act [RFRA] holds that the
Federal government may not “substantially burden a person’s exercise of
religion” in pursuing economic interests.
35.      On
March 12, 2007, the three judge bench of the 9th US Circuit
Court of Appeals, in a celebrated case set aside the clearance granted to an
Arizona State ski resort vide the Final Environmental Impact Statement under
the National Environment Policy Act.
36.      The
ski resort’s plan, as  cleared, was for use of treated sewage effluent of
a small tourist destination city called Flagstaff, to make artificial snow and
spread it on the slopes of a mountain held sacred by native American tribes.
37.      The
case pitted 13 native American tribes such as Navajos, Apaches etc., who
claimed hurt to their religious beliefs versus local economic interests of
skiing tourism. The Court unanimously held that the clearance violated the RFRA
and hence should cancelled.
38.      At
present, contrary to the averment of the Respondent [ref: Counter Affidavit
para. 88 p. 59], the union and state governments are indeed espousing the cause
of some religions.
39.      The
Rs. 400 crore subsidy annually for Muslims travel to Mecca for Haj; the
underwriting of the costs of travel for Christians of Andhra Pradesh to
Bethlehem in Israel; and the Union Cabinet’s recent decision [March 20, 2008]
to underwrite the costs totaling about Rs.180 crores for developing the
Anandpur Sahib and Talwandi Sabo in Punjab; and The Hindu Religious Endowments
and Charitable Trusts Acts are other examples that contradict these averments
and also point to the haphazard and ad hoc approach of the
UOI.
40.       It
is established, and admitted by the Respondents that a structure, that is
natural or constructed, and widely known for very long as Rama Setu, does exist
but that its origins and nature have admittedly not been investigated yet by
the Respondent despite overwhelming prima facie evidence that the Rama Setu is
a constructed causeway that fits the description given in Valmiki’s Ramayana.
41.      There
was thus enough material before the Respondents to, at the very minimum, carry
out a thorough archaeological investigation that met the norms of investigation
which are internationally accepted.
42.      There
is also an obligation devolving on the Respondents to comply with the June 19,
2007 Madras High Court direction to the Respondent Ministry of Culture to file
a counter affidavit explaining “whether the said bridge can be regarded as a
national monument within the meaning of the 1958 Act”.
43.      If
indeed the Rama Setu qualifies to be such a monument or archaeological site,
then it would be illegal to dredge through or damage it. The Project would then
be ultra vires.
44.      Therefore
the admission of failure by the Respondent to carry out such an archaeological
investigation is Wednesbury unreasonable and perverse. It is also vitiated by
bias of the Respondent against Sri Rama and the Ramayana.
45.      As
this Hon’ble Court has held in Intellectuals Forum v State of A.P. [(2006)3
SCC 549 at 578-79, paras. 88,93], court decisions cannot be based solely upon
the investments committed by any party. In several cases cited therein, this
Hon’ble Court has ordered demolition of already built structures and
restoration of status quo ex antedespite crores of rupees had been
spent already on those development projects. 
46.      On
the facts, admissions, and in the circumstances stated in above paragraphs,
therefore this Hon’ble Court may be pleased to issue a Writ of Mandamus as
prayed in the Writ Petition No.18223 of 2007 in the Madras High Court and now
before this Hon’ble Court as T.C.(Civil) 26 of 2007, directing the Respondent
to declare the Rama Setu as an Ancient Monument of National Importance within
the meaning of the aforesaid provisions of law.
                                                                                             S.Kalyaraman

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