The Supreme Court today said that its own expert committee was ‘‘not competent’’ to decide on whether Clemenceau should be allowed to enter the country. Instead, it ruled that a new panel of experts from the Navy be asked to give their opinion. The Supreme Court Monitoring Committee (SCMC) on Hazardous Waste that was mandated to look into the issue had given two differing opinions to the court on whether to allow Clemenceau to be dismantled in India.
The SCMC, headed by G Thyagarajan, had met thrice since January and had heard all parties. In the final meeting in Chennai, they were unable to arrive at a consensus and while seven members were for the ship coming in, the other two were against it.
The apex court was also irked by the ‘‘media trial’’ that took place and ordered that ‘‘contempt of court’’ action be initiated against all those writing in favour or against the entry of the ship as well as those who held demonstrations on either argument.
A bench of Justices Arijit Pasayat and S H Kapadia ordered the Centre to file a list of ‘‘experts’’, ‘‘preferably retired’’, to constitute another committee to assess the hazardous waste situation arising out of the ship now prevented from entering Indian waters till further orders of the court.
In an obvious indication of unhappiness with the SCMC report, the apex bench ordered that naval experts from Mumbai, Cochin and Visakhapatnam be roped in. And, if the Ministry of Defence so desired, it could also take ‘‘retired officers’’ from the Defence Research and Development Organisation (DRDO) to constitute a new committee.
Referring to the media as the ‘‘third umpire’’, Justice Pasayat, the presiding judge of the bench observed: ‘‘Media trial is on in the matter, despite the case being adjudicated here…you refer the matter to the third umpire…are we straight umpires and the media the third umpire will do the trial’’.
Later, in the interim order, the judges said: ‘‘We are shocked to find, not withstanding the case here, demonstrations are organised and articles are written. If any person found to be involved, prima facie (the charge of) contempt of court will arise.’’
The court also allowed, in the same order, the ‘‘owners of the ship’’ to file ‘‘bill of entry’’ with the customs officials ‘‘not withstanding our direction that the ship shall not enter the EEZ’’ (Exclusive Economic Zone of India) so that Customs officials could also take the help of the Central Pollution Control Board (CPCB) to assess the ship.
The apex bench posted the matter to February 17 for further hearings.
The court said its earlier order restraining the ship from entering India’s EEZ would continue and asked the Customs department to give its view if the ship could be allowed to enter the Indian waters. The monitoring committee report submitted before the bench last week gave a 7-3 split opinion on the issue.
The court also made it clear that its order for filing the bill of entry was ‘‘without prejudice to the rights of the owners of the ship’’.
‘‘Even if the high-level committee on hazardous wastemanagement clears dismantling of Clemenceau, we will not permit it without examining the stand of the Customs department and the report of the expert committee,’’ the court said.
The court had also wanted to know from the parties why French authorities had not allowed the ship to be dismantled in that country.
Twice as much asbestos: UK daily cites leaked report
London: The French warship Clemenceau contains almost twice as much asbestos as the French government had previously suggested, a media report said on Monday, quoting a leaked report. Admiral Alain Oudot, the Chief of Staff of the French Navy, had said last week that the vessel carried 45 tonnes of asbestos, banned in France since 1997. However, now a leaked note suggests the government actually put the figure at 75 tonnes, Daily Telegraph reported.