Vizhinjam Protests: Adani Ports Move Kerala High Court Seeking Police Protection

Adani Ports, which is constructing the Vizhinjam International Seaport, and its contracting company Howe Engineering Projects, have approached the Kerala High Court seeking protection for their employees from those protesting against the project.

The plea also seeks facilitation of barrier free ingress and egress to the port site, so as to complete the construction work which is being opposed by local fishermen.

M/S Adani Vizhinjam Port Pvt Ltd was selected as the concessionaire for constructing Vizhinjam Seaport, which is a major infrastructure project by the Government of Kerala developed in Public Private Partnership (PPP) mode.

It is the Petitioner's averment that while the project was finally nearing its completion, from 16.08.2022 onwards hundreds of people under the leadership of Respondents 11 to 25 herein and Latin Arch Diocese of Thiruvananthapuram started agitation in front of the project site which turned in to a day and night affair by blocking access to the port entry which resulted in stalling the following major ongoing works in the port.

On 19.08.2022, the agitators allegedly breached the barricades installed by the Police and hundreds of them entered the project site which is a High Security Zone. Although the Petitioners had sought police protection, no effective protection was granted and Police has remained a "mute spectator", it is alleged.

It has been averred that the petitioner had been constructing the port in accordance with law and after securing all clearances and permissions. However, the constant and continuous "militant threat" has obstructed the project and is in total violation of Rule of Law.

The petition has been preferred on the ground that the State and police machinery have an "indispensable duty to afford effective police protection" to the lives of the petitioners and other employees and contractors, engaged in the construction of the Project. It is further urged that the time-bound completion of the Project is material not only for the Petitioners, but also for the State and the public, and the respondents or anybody acting under them have no authority to take the law in their hands and meddle with the same.

The Petitioners have urged that the "Men who are bound to uphold the rule of law have to come to the rescue of the petitioner and maintain law and order", and hence the State machinery ought to exercise its legal duty in ensuring that the works of the Vizhinjam project is not stalled, and the majesty of law is upheld. 

Brief Background - Vizhinjam Seaport Project Case

M/S Adani Vizhinjam Port Pvt Ltd. started construction of the port from 05.12.2015, after being selected as the concessionaire for the Vizhinjam Seaport Project. 

However, the Project was opposed by the fisherfolk community stating that the Rs 7,525 Crore Project ought to be stopped and a proper environmental impact study ought to be carried out.

The community, under the leadership of the Catholic Archdiocese of Trivandrum, has also raised several demands such as rehabilitation for the families who had lost their homes due to sea erosion, compensation to families of those who lost their lives in fishing accidents, effective steps to mitigate coastal erosion, financial assistance to fisherfolk when warnings are issued and they are unable to venture out to the sea, subsidized kerosene, and rectifying coastal damages in Muthalappozhi to facilitate fishing activity fishing harbour in Anchuthengu in Thiruvananthapuram district. 

Previously, in another matter, the Kerala High Court had stayed the operation of an order issued by the Thiruvananthapuram district collector on August 20, directing closure of liquor shops in Vizhinjam for two days, taking into account the possibility of conflict in the context of the protests in the area, by noting that although the Vizhinjam protests "had been continuing since long, it was not at a violent stage".

Case Title: M/S Adani Vizhinjam Port Pvt Ltd & 2 Ors v. State of Kerala & 27 Ors. and Howe Engineering Projects (I) Pvt. Ltd. & 3 Ors. v. State of Kerala & 27 Ors.