Saying that “preservation of culture is a constitutionally protected fundamental right”, the Supreme Court on Monday (October 5, 2026) did not agree with a Union government plea to stay Calcutta High Court proceedings in a petition filed by former Union Environment Secretary Meena Gupta challenging the Great Nicobar Island Project as a threat to the area’s fragile ecosystem and Forest Rights Act, 2006.
A three-judge Bench headed by Chief Justice of India Surya Kant instead urged the Calcutta High Court to hear the case and decide the issues without delay. However, the Calcutta High Court had entertained writ petitions filed by Ms. Gupta highlighting severe environmental threats the project may allegedly cause. In May, the High Court dismissed the Union government’s preliminary objections regarding the locus standi of Ms. Gupta, banking on the submission that she was not a local. Senior advocate S. Muralidhar, for Ms. Mr.
The High Court had scheduled the case for November 25 and November 26 for hearing constitutional issues centring on fundamental rights and preservation of the tribals’ way of life.
Gupta said the Union’s argument in maintainability of the writ petitions before the High Court has become academic as the tribal councils have already been impleaded. The Bench said the Union government could place the NGT decisions, with whatever persuasive value they may command, before the High Court. But the Bench said it would limit itself to asking the High Court Chief Justice to decide the case, including all the petitions, without delay.
Venkataramani urged the apex court to at least allow the Centre to continue pressing the question of maintainability before the High Court.
