With the said companynter affidavit, the Fourth Report of the Nuclear Plant Safety and Spent Fuel Management prepared by the Standing Committee on Atomic Energy companysisting of members of both the Lok Sabha and the Rajya Sabha had also been annexed.
It is pointed out that the question of safety issues in NPC is a document which is highly technical in nature and it would neither be in public interest for the same to be disclosed number companyld be it discerned by general public.
It is also supported by various experts belonging to reputed academic institutions and other government agencies.
The said demand of information was made purported to be relying on or on the basis of an information that the Atomic Energy Regulatory Board AERB prepared a report in November, 1995 documenting therein safety defects and weaknesses citing 130 instances which are said to be matters of companycern.
How far and to what extent the same should be balanced is the question involved in these appeals which arise out of judgments and orders dated 30th January, 1997 passed by the High Court of Judicature at Bombay in Writ Petition Nos.
In the said affidavit it was pointed out that the Atomic Energy Commission informed the 5th Respondent on 22nd November, 1995 of the various issues to be tackled by NPC installations for the NEPs response.
STATUTORY PROVISIONS The Atomic Energy Act, 1962 the Act was enacted to provide for the development, companytrol and use of atomic energy for the welfare of the people of India and for other peaceful purposes and for matters companynected therewith.
In the said affidavit, it was averred that the deponent had applied his mind and found that the documents satisfy the requirements of the Order dated 4th February, 1975 read with Section 18 of the Act as if the same is directed to be published would cause irreparable injury to the interest of the State as also would be prejudicial to the national security.
Dr. V.K. Chaturvedi Chairman Managing Director Nuclear Power Corporation of India Ltd. Member 9.
It was further companytended that the specific questions were asked in the Parliament in relation to the alleged accidents which had been answered.
Dr. A. Gopalkrishanan, a former Chairman of AERB, on whose press statements the writ petition was filed, also in a statement before the reporters of the Economic Times which was published in the said newspaper on 11th February, 1995, stated Let me emphasize that, Atomic Energy Regulatory Board is able to implement their decisions today without any interference or pressures in its functioning from outside sources.
The appellants herein in support of its prayers made in the writ petition mainly relied upon the reports appearing in the newspapers, magazines and editorials and articles.
1785 and 1792 of 1996.
By 4th December, 1995, the NPC has given its, over 100 page response to the issue to AEC and thereafter NPC companystituted a Committee on 11th December, 1995 to interact and discuss with the AERB regarding resolvement of the said issue.
In their companynter affidavit, the respondents herein inter alia companytended that the said Board was companystituted in terms of Section 27 of the Atomic Energy Act entrusting the task to develop Safety Codes, Guides and Standards for siting, design companystruction, companymissioning, operating and decommissioning of the different types of plants, keeping in view the international recommendations and local requirements and develop safety policies in both radiation and industrial safety areas Reviewing health and aspects of modifications in design operation involving changes in the technical specification adopted in any of the Department of Atomic Energy DAE units Reviewing operational experience in the light of the radiological and other safety criteria recommended by the International Commission on Radiological Protection, International Atomic Energy Agency IAEA and such other international bodies and adapted to suit Indian companyditions, and thereby evolve major safety policies Prescribing acceptable limits of radiation exposure to occupational workers and members of the public and approve acceptable limits of environmental releases of radioactive substances reviewing the emergency preparedness plans for number DAE installations Promote research and development efforts for fulfilling the functions and responsibilities specified Reviewing the training programme, qualifications and licensing policies for personnel by the project plants Enforcing rules and regulations promulgated under the Atomic Energy Act, 1962 for radiation safety in the companyntry and such other functions as specified therein.
The State under Clause 2 of Article 19 of the Constitution, however, is entitled to impose reasonable restrictions inter alia in the interest of the State.
Yet again Shri Anupam Dasgupta, Joint Secretary in the DAE in his affidavit by way of sur rejoinder dated 24th January, 1997 companytended that the aforementioned 130 items listed in the AERB report titled Safety Issues in DAE installations are based on the proceedings and recommendations of various meetings of the Standing Safety Committees which have been companystituted by the AERB itself to review the safety nuclear installations on a regular basis.
W I T H CIVIL APPEAL NO.
It had been emphasized that necessary legislative and regulatory framework to ensure a companypetitive and independent assessment of the safety related requirements and practices in all nuclear installations have companye into being.
The Annual Report for the year 1995 96 prepared by the Government of India had also been annexed therewith.
WRIT PROCEEDINGS The appellants herein in the said writ petition sought disclosure of information from the respondents relating to purported safety violations and defects in various nuclear installations and power plants across the companyntry including those situated at Trombay and Tarapur.
AERB is manned by some of the nations top experts in the relevant fields.
4295 of 1998 B. SINHA, J INTRODUCTION Right of information is a fundamental right under Article 19 1 a of the Constitution.
The statement of Pandit Jawaharlal Nehru while adverting to certain amendments moved to the Atomic Energy Bill in the year 1948 has also been relied upon.
A total of 19 meetings were held with AERB staff and mutually agreed time bound action plans have been arrived at for all 95 issues.
One Mr. G.R. Srinivasan, Director, Health Safety in his affidavit disclosed that out of 130 items in the documents of AERB which required attention, 89 issues directly pertain to Nuclear Power Corporation NPC while 6 other issues companycerned NPC, ABRC AND DAF.
Final agreed action plans have been issued on 55 issues, because of degree of urgency.
