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2004 Supreme(SC) 22

S. B. SINHA
Peoples Union For Civil Liberties – Appellant
Versus
Union Of Indias – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The right to information is recognized as a fundamental right under Article 19(1)(a) of the Constitution of India, which guarantees freedom of speech and expression (!) . However, this right is subject to reasonable restrictions, especially in matters concerning national security and public safety (!) .

  2. Information related to the training, features, processes, or technology of nuclear plants cannot be disclosed, as such disclosures may be vulnerable to sabotage and pose a threat to national security (!) . The knowledge of specific data could enable adversaries to monitor and estimate strategic activities (!) .

  3. The Atomic Energy Act provides mechanisms for restricting the disclosure of certain information, particularly through Section 18, which empowers the Central Government to restrict the release of information that could harm the security of the State or public interest (!) (!) .

  4. The restrictions imposed under Section 18 are within the limits of the law and are aimed at safeguarding national security, given the sensitive nature of nuclear installations and their operations (!) (!) . The law presumes constitutionality and reasonableness, and the restrictions are not deemed vague or arbitrary (!) .

  5. The statutory bodies involved, such as the Atomic Energy Regulatory Board (AERB), operate independently and are composed of experts in the field. They undertake extensive safety reviews, inspections, and monitoring to ensure the safety of nuclear installations (!) (!) (!) .

  6. The disclosure of certain safety reports, including those prepared by the AERB, is classified as "Secret" based on statutory orders and the sensitive nature of the information contained (!) (!) . Such classification aims to prevent potential harm from adversaries (!) .

  7. The courts recognize that the right to information must be balanced against the need to protect national security interests. The courts will exercise judicial review only if there is mala fide, dishonesty, or extraneous grounds influencing the exercise of power (!) (!) .

  8. When claims of privilege are made regarding official documents, the court assesses whether the document relates to affairs of the State and whether disclosure would be against public interest. The court performs a balancing exercise, weighing the public interest in disclosure against the need for secrecy (!) (!) .

  9. The law presumes that statutory authorities will exercise their powers reasonably and within the bounds of law. The courts will not interfere unless there is evidence of mala fide or arbitrary exercise of discretion (!) (!) .

  10. Overall, the law emphasizes that while the right to information is fundamental, it is not absolute. Restrictions are permissible when necessary for national security, especially concerning sensitive information related to nuclear facilities (!) (!) (!) .

Please let me know if you need further elaboration or specific legal advice related to this document.


Judgment

S.B. Sinha, J.-

Introduction :

Right of information is a fundamental right under Article 19(1)(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.

Writ Proceedings :

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. Gopalkri































































































































































































































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