Treat citizens in environmental cases as stakeholders, not obstacles: Civil society writes to CJI

Several organisations and former civil servants have expressed deep concern over recent remarks by Chief Justice of India (CJI) Surya Kant on environmental litigation. The groups on Friday urged courts to view citizens and local communities approaching the judiciary in environmental matters as stakeholders in decision-making rather than impediments to development.

A Bench comprising the CJI and Justice Joymalya Bagchi, while hearing a case related to the expansion of Pipavav Port in Gujarat on May 11, had observed: “Show us even a single project in this country where these alleged environmental activists have said that we welcome this project.”

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In an open letter addressed to the CJI, activists and organisations sought a retraction of the remarks, saying they could be interpreted as portraying environmental scrutiny and public-interest litigation as inherently “anti-development”.”The comments risk being understood as casting bona fide environmental scrutiny and public-interest litigation as reflexively anti-development,” the letter stated, calling such a view is “factually inaccurate, constitutionally troubling and potentially dangerous”.

In a separate statement, a group of former civil servants said the remarks reflected “bias and prejudice” unbecoming of the country’s highest judicial office. They said the judiciary’s constitutional mandate is to adjudicate cases impartially and on merit, without preconceived notions.

Prafulla Samantara, national convenor of Lok Shakti Abhiyan and a signatory to the open letter, said citizens raising concerns about inadequately assessed development projects were fulfilling, not obstructing, constitutional obligations.

“We citizens who raise concerns about inadequately appraised development projects are not obstructing the state, but performing a duty that the Constitution places upon us,” he said.

Joseph Hoover of the United Conservation Movement, Bengaluru, said the CJI’s remarks had caused “deep anguish” among citizens concerned about environmental protection.

Atul Sati, convenor of the Joshimath Bachao Sangharsh Samiti in Uttarakhand, objected to what he described as the “casual deployment” of the term ‘environmentalist’ in a derogatory manner. “‘Environmentalist’ has a positive connotation. Citizens protecting forests, rivers, lakes and wildlife are fulfilling their fundamental duty under Article 51A(g) of the Constitution,” he said.