(In such circumstances) the judgement of the Court left the NBA and indeed most independent observers and commentators stunned and angry. A very large number of independent and eminent observers, journalists and writers have written scathing articles criticizing the judgement in most trenchant terms.
2 Despite the anger at the judgement, it was decided by the Andolan to file a review petition in this court pointing out the grievous errors in the Judgement. This was done within 30 days, .........when the review petition was not being taken up for hearing, the members of the NBA, especially the oustees, whose lands and homes were going to be submerged this monsoon on account of the judgement of this Court decided to come to Delhi and have a dharna outside the Supreme Court. It was decided that they would try and meet the judges and explain their plight to them and even request the judges to come to the valley to see the reality for themselves. ......I believe that in a democratic society, where the court plays such an important role in the lives of people, the court should be influenced by exposure to such reality and to the plight of the poor and the downtrodden. I do believe the court often gives judgements in ignorance of the ground realities because of lack of exposure to it. I believe that it is often necessary for the judges to make field visits themselves in order to have a proper and sensitive appreciation to the reality at the ground. The NBA always wanted the judges to visit the valley and see the condition of the oustees themselves, but that did not happen. So the people of the valley decided to come to the Court to meet the judges and explain to them what was happening in the valley. If such attempts to influence the judges in this way is considered contempt by this court, then I plead guilty.
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3 The NBA representing the people in the valley and all our supporters across the country have strong faith in the Constitution and also the judiciary and its role in upholding the Constitution, and the rights granted to the citizens especially to the underprivileged and tribals. We, therefore, believe that we have a role and a duty to critique not just the economic and political decisions but also the laws and actions of the judiciary. Any judgment, that can be proved to be in violation to the Rights of the people guaranteed by the Constitution and thus unjust, we believe, needs to be analysed and criticised. This has been done time and again, by eminent persons and organisations in the past. Since the judgment of Sardar Sarovar Project is unjust, as it denies justice, rejects the plea for right to life and livelihood by not just affected by SSP, but all development projects, as a responsible citizen and concerned activist, well informed about ...... a formidable human tragedy to occur in the Narmada Valley, I decided to join hands with the tribal and peasant populations in the Narmada Valley in critiquing and rejecting the judgment.
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4 I believe that in a democratic society, all persons have the right to protest and demonstrate against any action of any organ of the state, including the judiciary...I believe that I too have that right.....The only way to have some kind of accountability of the judiciary today is for the people to comment frankly and fearlessly on the actions and judgments of the Courts. If this is not going to be allowed by invoking the power of contempt against persons who comment adversely, even trenchantly against the Court's actions and judgments, it will render the judiciary totally unaccountable and unresponsive to the needs of the people. I believe it is important for the judiciary to be accountable not just to the Law, but also to the people. I do not agree with those who say that Justice must be blind it cannot be blind to the suffering of the poor and the downtrodden.
5 I have raised the issue of mega projects, the development planning, democratic and human rights, economics and corruption of monitory and natural resources by such projects and suggested that just and sustainable alternatives in water, energy and other sectors. Most of those that I work with in the Valley are going to lose their lands, their homes, their forests, their community, their culture and indeed, their very identity because of this project. I have taken up their cause because I can feel their loss, I can identify with them they are indeed like my family. I will continue to fight for them in every forum and in every way that I can. I will continue to challenge the unjust system that deprives common people especially the natural resource based communities, who pay the cost for the benefit of those who already have much more with them. I will continue to help them raise their voices in protest, against the system even if I have to do so against the judiciary and the courts. I will continue to do so as long as I can, even if I have to be punished for contempt for doing that.
