It is very easy for all of us – I stay in Delhi; I need AC; I need electricity as do all of you from Madras. We are away from Koodankulam. Those 70,000 farmers and those fishermen; who cares for them? Life is very cheap in our country. So we think in our terms. “Oh, there is electricity shortage. What should we do?” We don’t even think about it. It is only 2.36 percent that comes from nuclear energy. There are ways and means [of generating electricity from other sources], but I’ll not go into that. Lastly, about the risk factor. Japan, just imagine, it is one of the most advanced countries, and till the accident happened, they claimed that their nuclear reactors are absolutely safe. And then, the Japanese Government has decided to abandon nuclear energy altogether. And there are four other countries which have put a moratorium on nuclear energy – Germany, Italy and Switzerland. Three countries. They have declared that they will not be using nuclear energy from now on. I don’t want to enter into any kind of argument with [our scientists]. I have great respect for them. They say there is zero percent chance of any mishap. That is too tall a claim. When they say that there is zero percent chance, they also say that “we’ll have a review of all the projects, all the nuclear power plants.” So naturally, there is a fear. Now, on this fact alone, there is a worldwide concern over nuclear energy. You want to contain these 70,000 people, because they protest against nuclear energy? And what is it that they want to say? See their demands. Very reasonable. Every project, even a project involving 50 crore rupees on public land is required to conduct a public hearing and a EIA — environmental impact assessment. You won’t believe this, but EIA for Koodankulam project was conducted in 1988 – 22 years back, when there were no rules. And the EIA was required only for the allocation of money from the Planning Commission. There was no people’s hearing. There was nothing. So, even that EIA was not released to the people. They should conduct a fresh EIA. That is their demand.

The second demand is – they have conducted a safety analysis. So why not release it to them? Let the people understand that they have conducted the analysis, and that these are the issues. Please talk to them, and satisfy them that it is not. . .that it is risk-free or relatively risk-free. The next is site evaluation. There has been concern on this, because this comes in a seismic area. That is the claim. That report is also not available to people. I want to tell you that Areva’s CEO came to India. Areva is the company which is setting up plants in Jaitapur. According to him, whenever you put up a power plant, you should do it in consultation with people, because people should be completely convinced that there is no risk to their lives. Now, you don’t even supply to them the basic documents. Secondly, what about the risks? Suppose that something happens. What is the great hurry in rushing with the project?

In a democratic country, we have the right of a peaceful protest; right to assemble is a fundamental right; right to gather in a public place and protest is a fundamental right if it is not disturbing the public tranquility. The right to free speech and expression is the most fundamental right of all. Supreme Court says that – there is no hierarchy of rights but it is the arc of all fundamental rights. It is definitely the most fundamental of rights. I have certain views. People may say that nuclear energy is good for the country, and some people may say that it is bad for the country. When I say that I have serious doubts about nuclear energy, will you brand me as anti-patriotic, as anti-national, as a person who should be charged with sedition or waging war against the state? What have these people done? They have protested against this particular plant. And there is not a single incident of violence. And what have the state authorities done? There are analyses produced before us of the cases instituted against them. Can any one of you explain to me how a peaceful protest against a nuclear plant, where people say that “we do not want a nuclear plant in our place,” amounts to sedition? Which ingredient of sedition is established here? Then you also invoke the provision related to waging war against the country. Where is the question of waging war against the country? They are residing there. They are concerned. In Chernobyl, the entire area – Chernobyl happened in 1986.

Justice A P Shah

Today, the entire area in 30 km radius is not permissible for human habitation. The reason is that the radiation effects are lingering. People are afraid. They are asking questions to you. And then, apart from anything else, you go on filing cases against them, not only cases are filed, but the other thing is cases against whom? There are thousands of people. Every possible provision in IPC is invoked. And then, you don’t investigate the cases. Those that are [not clear] you ensure that they don’t get bail. You are slapping new charges against them. Not only that. Bus service is curtailed. Other facilities are denied. Most shockingly, a professor came here, an associate professor of [Manonmaniam] Sundaranar University. He said they wanted to organise a debate on nuclear energy. So the IB chief warned them “what business? You should not hold this debate.” So you cannot have a discussion on this? Are we living in a democratic country or not?

We celebrated with great flourish the 60th year of parliamentary democracy. Is it parliamentary democracy that when a person is peacefully protesting, you file FIRs against him under most sections under IPC? It is not fair. It is not the way state authorities should deal with citizens. These citizens have some serious concerns. Here, they say Christian community. In Jaitapur, there are no christian communities. In Jaitapur, what I heard is something extraordinary. They say that people from outside Jaitapur are coming there. This is one country. So why cannot we go?

According to me, if you want the proof that democracy is alive in this country, I would say that this 70,000 people’s protest or their protest is an indication that there is a democracy in this

country. We can debate and protest. They can continue with their protest for ten years. You must talk to them. I’m saying. . .my suggestion, my appeal to the state authorities, and my appeal also to those who are sitting on fast, is please withdraw these. Let them withdraw their agitation. Let the documents, whatever is possible – I’m not saying the Information Commission has

said all these documents have to be given, that is ultimately for the courts to decide – but where there is no national security, no issues, information should be given to people. Please talk to

them. Please understand their grievances. Perhaps, they will accept. They will be convinced. When you say that democracy is by the people, for the people, of the people, you cannot ignore people’s protest in this fashion. We, living in cities, we have no right to condemn this agitation because our interest is in a different sense — that electricity supply will be augmented etc.

I feel that it is high time that both the state authorities and the agitators should change their positions and have a dialogue. It doesn’t augur well for the country where a section, a sizable section of people are persecuted because they are opposed to a certain project.