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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.
Yet again Shri Anupam Dasgupta, Joint Secretary in the DAE in his affidavit by way of sur-rejoinder dated 24th January, 1997 contended 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 constituted by the AERB itself to review the safety nuclear installations on a regular basis. In the said sur-rejoinder a press release of 26th March, 1996 of Dr. A. Gopalkrishnan was annexed wherein it was stated:
"For each of the items identified, the concerned DAE installation and AERB are jointly preparing the preliminary details of corrective actions and a committed time schedule for implementing them. These will be reviewed and finalized by the AERB Safety Review Committees and the Board, for timely implementation thereafter by the DAE. DAE installations are closely co-
operating with the AERB in expediting the process of safety upgradation."
Similarly, Dr. K.S. Parthasarathy in a press release dated 23rd June, 1996 stated:
"In the judgment of the Board, there is at the moment no shortcoming existing which can lead to any nuclear disaster or Chernobyl type catastrophe in any of these installations. The Board would like to assure the public that all the DAE installations are being continuously monitored and that it would not hesitate to initiate restrictive regulatory actions wherever necessary."
The respondents, however, relying on or on the basis of a notification dated 4th February, 1975 passed under sub- section (1) of Section 18 of the Atomic Energy Act, 1962, raised a plea of privilege in relation to the said report, contending that the same had been classified as 'Secret' as it pertains to the nuclear installations in the country which includes several sensitive facilities carried out therein involving activities of highly classified nature.