NARMADA BACHAO ANDOLAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the State of Gujarat bringing to the notice of the Court how the petitioner Narmada Bachao Andolan had been reacting to the interim order of this Court permitting the increase of the height of the dam to RL 85 meters and about the threats of protests, public meetings and of undertaking Satyagrahas etc. on account of that order. Reference is made particularly to the interview of Ms. Medha Patkar which appeared in the Hindustan Times of 27-6-1999 and some other newspaper reports and press releases issued by the petitioner. Our attention has also been drawn to an article which appeared in the Weekly News Magazine 'outlook' and to some portions of a Book titled. "the Greater Common Good" by Ms. Arundhati Roy.

(2.) On 22/07/1998, we made the following order :

(3.) After hearing learned amicus as well as other learned counsel appearing in the case, who all rose above the case of their clients to assist the Court we are of the opinion that the petitioner - NBA and its leader Ms. Medha Patkar have knowingly made comments on pending proceedings and have prima facie disobeyed the interim injunctions issued by this Court on 11-4-1997 and 5-11-1998. Prima facie the threats held out by the petitioners and its leaders also appear to be an attempt to prejudice or interfere with the due course of judicial proceedings. Litigants must realise that Courts cannot be forced by pressure tactics to decide pending cases in the manner in which the concerned party desires. It will be a negation of the Rule of Law if the Courts were to act under such pressure.