S.B.Sinha, J. - (1.) RIGHT of information is a fundamental right under Article 19(l)(a) of the Constitution. 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. 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. 1785 and 1792 of 1996.
(2.) 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 country including those situated at Trombay and Tarapur. 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 concern. THE appellants contended that a former Chairman of the AERB, Dr. Gopalkrishnan also expressed serious concern about the safety of nuclear installations in India disclosing that serious accidents had occurred in some of the nuclear facilities including one at Narora Atomic Power Plant in the State of U.P, and Kaiga Atomic Power Plant situated in the State of Karnataka. 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. In their counter affidavit, the respondents herein inter alia contended that the said Board was constituted in terms of Section 27 of the Atomic Energy Act entrusting the task to develop Safety Codes, Guides and Standards for siting, design construction, commissioning, 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 conditions, 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 non-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 country and such other functions as specified therein.
(3.) WITH the said counter affidavit, the Fourth Report of the Nuclear Plant Safety and Spent Fuel Management prepared by the Standing Committee on Atomic Energy consisting of members of both the Lok Sabha and the Rajya Sabha had also been annexed. The Annual Report for the year 1995-96 prepared by the Government of India had also been annexed therewith. It was further contended that the specific questions were asked in the Parliament in relation to the alleged accidents which had been answered. It had been emphasized that necessary legislative and regulatory framework to ensure a competitive and independent assessment of the safety related requirements and practices in all nuclear installations have come into being. The respondents in their affidavits furthermore stated that there had been constant interaction with the media and the public in nuclear safety related matters to instill an increasing level of confidence in the public that safety is indeed'receiving topmost priority in all nuclear activities. 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 llth 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 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." ;