Soli Sorabjee opinion on Civil Nuclear Liability

Publication - March 10, 2010

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Executive summary: I have gone through the case for opinion and the accompanying papers and documents. I have also had the benefit of a conference with instructing advocate Bikash Mohanty and representatives of the Querist. Supreme Court judgments have clearly laid down as part of Indian jurisprudence that in case of accidents occurring in plants run by enterprises which are engaged in a hazardous or inherently dangerous activity that poses a potential threat to the health and safety of persons such enterprises applying the Polluter Pays Principle owe an absolute and non-delegable duty to ensure that no harm results to anyone [see MC Mehta vs. Union of India, AIR 1987 SC 1086 at 1098].