Supreme Court: Courts not bound by govt’s N-liability cap

NEW DELHI: Supreme Court connected Tuesday said courts are not barred from determining govt's further liability towards citizens successful lawsuit of an unforeseen atomic powerfulness works mishap, notwithstanding the Sustainable Harnessing and Advancing of Nuclear Energy for Transforming India (SHANTI) Act capping operator's liability astatine Rs 4,000 crore. The remarks came from a seat of CJI Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi aft petitioner E S Sarma's counsel Prashant Bhushan said the authorities had capped operator's liability astatine a paltry Rs 4,000 crore adjacent though compensation towards citizens successful lawsuit of an mishap could tally into tens of thousands of crores. Bhushan argued the liability clause would marque overseas suppliers lax successful enforcing information norms, turning atomic plants into a changeless menace to lives of adjacent residents.

He said if govt utilized 6% of disposable discarded onshore for star plants, it could make six times the contiguous energy requirement. The CJI-led seat ask-ed, "Does the Act accidental that law courts' jurisdiction is barred from entertaining pleas from citizens demanding higher compensation if, God forbid, a mishap happens successful a atomic powerfulness plant?" "If liability aft a mishap works retired to Rs 40,000 crore, the federation successful a parliamentary authorities tin accidental it absolves the relation beyond Rs 4,000 crore.

But that doesn't hindrance courts from determining the existent liability of the govt towards each affected citizen. Nobody tin curtail adjacent tribunals' powers to grant capable compensation," it said. "The exertion is not disposable successful India and if a precise precocious liability clause is incorporated, would overseas investors travel to India? The contented appears to beryllium successful the argumentation domain of the govt," the seat added. When Bhushan pressed for star capacity, SC said, "It is not for courts to usher govt connected argumentation matters. When authorities decides to headdress liability astatine Rs 4,000 crore, should we 2nd conjecture it?" It adjourned proceeding for the 2nd week of July.