INS Viraat: Legal Battle Over Preservation and Scrapping

The legal battle surrounding the decommissioned warship INS Viraat has been a matter of national significance, pitting heritage preservation against economic considerations. The case, brought before the Supreme Court of India, involved M/S Envitech Marine Consultants Private Limited and others as petitioners against the Union of India and another respondent. The petitioners sought to convert the warship into a museum, while the government had already auctioned it for scrapping. The dispute revolved around obtaining a No Objection Certificate (NOC) from the Ministry of Defence, which was crucial for repurposing the warship.

Background of the Case

INS Viraat, formerly HMS Hermes, was the oldest serving warship in the world. It served the British Navy from 1959 to 1984 and was later commissioned into the Indian Navy in 1987. In 2019, the government decided to scrap INS Viraat, citing financial constraints and a lack of interest from state governments to preserve it as a museum.

Petitioners’ Argument

The petitioners, led by Mrs. Rupali Vishnukant Sharma, contended that they sought to preserve INS Viraat as a memorial to honor the naval heritage of both India and the United Kingdom. They claimed to have approached corporate entities to establish a Public-Private Partnership for the project. The petitioners also presented a Letter of Interest from Blackstone Corporation, Canada, dated March 26, 2020, indicating potential investment in the project. They argued that their efforts were undermined by the government’s reluctance to provide an NOC.

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Respondents’ Argument

The Union of India, represented by the Additional Solicitor General, defended the government’s decision, citing the financial burden of maintaining the warship. The respondents pointed out that a public auction had been held in December 2019, though it was canceled due to insufficient bids. A subsequent auction saw a higher bidder, leading to the issuance of a delivery order in October 2020. The government further argued that dismantling work had already begun, with 35-40% of the ship scrapped.

Court’s Findings

The Supreme Court, led by Chief Justice S.A. Bobde and Justices A.S. Bopanna and V. Ramasubramanian, acknowledged the petitioners’ sentiments but noted significant obstacles:

• The petitioners failed to meet conditions set by the highest bidder, including a full payment deadline of October 12, 2020.
• The Ministry of Defence rejected the petitioners’ representation on November 27, 2020, a decision that was not legally challenged.
• A Marine Surveyors’ report indicated that the warship was severely damaged and in a “grounded condition,” making conversion infeasible.

Judgment and Conclusion

The Supreme Court ultimately dismissed the Special Leave Petition, ruling that the matter had already been settled and that further intervention was unwarranted. The court stated:

“Therefore, while appreciating the sentiments of the petitioners, we are afraid that we cannot do anything at this stage and in these circumstances. Hence, the Special Leave Petitions are dismissed.”

With this decision, the fate of INS Viraat was sealed, allowing the scrapping process to continue. While the judgment marked the end of legal avenues for preservation efforts, it also underscored the complexities involved in balancing heritage conservation with economic realities.

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Petitioner Name: M/S Envitech Marine Consultants Private Limited and Others.
Respondent Name: Union of India & Another.
Judgment By: Justice S.A. Bobde, Justice A.S. Bopanna, Justice V. Ramasubramanian.
Place Of Incident: India.
Judgment Date: 12-04-2021.

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