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Synopsis

A division bench of the Supreme Court has dismissed a PIL seeking construction of a wall at Ram Setu for facilitating darshan at the spot.

The plea also sought to declare Ram Setu a national monument, as defined under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

Justices SK Kaul and Sudhanshu Dhulia also refused to tag the instant petition filed by Hindu Personal Law Board, with the already pending plea by Dr. Subramanian Swamy.

Originally, Subramanian Swamy had filed two writ petitions before the Supreme Court. One challenged the Sethu Samudram project of the UPA government and the other sought declaration of Ram Setu as a national heritage monument. The former was disposed of as the Sethu Samudram project was dropped, while the latter is still pending before the court. 

In January this year, Solicitor General Tushar Mehta had informed the Supreme Court that the Ministry of Culture had undertaken the process to consider national heritage status for 'Ram Setu'.

SG Mehta further told the Court that Subramanian Swamy could file a representation before the Ministry as well.

Earlier in the month, Top Court had refused to consider the request made by Dr. Subramanian Swamy to issue a summon against the Cabinet Secretary after the Central Government failed to file their response in a plea seeking direction to declare Ram Setu as a national heritage monument.

Swamy raised the issue of declaration of the Ram Setu as a national monument in his PIL against the controversial Sethusamudram Ship Channel project. The PIL was initiated before Madras High Court.

Ram Setu, also known as Adam's bridge, is a chain of limestone shoals between Pamban Island, off the south-eastern coast of Tamil Nadu, and Mannar Island, off the north-western coast of Sri Lanka.

The apex court transferred the plea before itself in 2007 and stayed work on the Sethu Samudram project. Subsequently, the Center informed the court that owing to the "socio-economic disadvantages" of the project, it was willing to explore another route to the shipping channel project without damaging the Ram Setu.

Dr. Swamy in his petition sought the Top Court to pass an order and direct the Union of India to engage the Geological Survey of India and Archeological Survey of India to conduct a detailed survey concerning Ram Setu stating that it is an ancient monument of national importance.

On November 13, 2019, the apex court had granted the Centre six weeks to clarify its stand on the Ram Setu. It had also granted Swamy the liberty to approach the court if the response of the Center was not filed.

Case Title: Hindu Personal Law Board vs. Union Of India And Ors