Adv. Pugazhenthi had filed a writ petition seeking implementation of the SC order in Koodankulam matter directing the State Government to withdraw criminal cases against the Koodankulam protestors and residents. The State Government had argued that the SC had only suggested that the State Govt should “endeavour” to withdraw cases, and as such it was not a direction compelling them to withdraw the cases. The State argued that the circumstances were not conducive for withdrawal of cases as the residents of the villages around the plant are still engaged in protests such as the recently organised mass die-in.
The Madras High Court‘s 1st bench — comprising Agarwal and Sathyanarayana — held that the SC’s direction was binding, and that the State Government must withdraw all cases against the protestors as expeditiously as possible.
According to Vetri, if the cases are not withdrawn within 3 months, a case can be filed to have it done forthwith.
The matter was argued by Adv. Radhakrishnan