Suo Moto cognizance: Vizag LG Polymers gas leak
The author of this blog is Paruchuri Rahul 2nd year BBA LLB student of Ramaiah College of Law, Bangalore.
Introduction
to Suo Moto:
Suo Moto Cognizance means it is a power given by the
Indian constitution to the Supreme Court, High Court and other Tribunal Courts
in India under Article 32 and Article 226 of the constitution. “Suo Moto”
cognizance is a term origin from Latin legal term approximately equivalent to
the term “sua sponte” it means that on its own or by itself.
Suo Moto is a process where the courts are taken up
the cases on their own without any petition being filled by anyone[1].
The Supreme Court and High Court takes the cases voluntarily and initiated
legal proceedings based on news, media reports, social media, telegrams and
letters received from the people of the country.
The Suo Moto cognizance is a special power of supreme
and high court of India and this power is also applicable to other equivalent
quasi-judicial bodies like (NHRC) National Human Right Commission and other
bodies can issue a notice to anyone in India and state and central governments
as well, a lot of instances can be seen that where the Indian judiciary has been
taken up Suo moto cognizance cases such as public interest litigation ( PILs)
and murthal gang rapes cases.
In general the Suo Moto cognizance cases in India
are taken up by the supreme court of India. The judiciary system in India has been
surely retaining the baton for democracy from the past few years. In numerous
instances the supreme court and distant high courts have risen to the occasion
with the aid of taking attention of legal problems on their own and supplied
quick justice[2].
Advocate Mohammad Arif Khan Makki says the intention behind the Suo Moto actions of the Supreme
Court and the High Court is the desire to deliver the justice to everyone, even the
people who isn’t able to afford it.
The following instances are taken by the Indian courts
in the Suo Moto cognizance cases:
1. Reopen Old Cases
2. Order Probe for a New Case
3. Contempt of Court
Reopen Old Cases: In
a case the judgment is already delivered but after that a new substantial
evidence is identified or founded after the case is closed. Then the court can generally
issue Suo Moto Cognizance action and reopen the old case and give necessary
authority to officers to do further investigation.
Order Probe for a New Case: The court takes action after receiving a letter or
telegram from people or affected section or any social media sources or
documentary pen drive etc. Then the court consider that as evidence and feels
or opinions that some illegal thing or injustice is being delivered to some
person or group of people then the court can issue Order Probe to any level of
government authority like CBI, CID, IB, MLAs, MPs, etc.
Contempt of Court: If
a person disobeys towards court or judge and ignore the rules and regulations,
ethics and code of conduct follows in courtroom premises. Then the court can issues
Suo Moto Cognizance to that particular person or group of persons in the name
of contempt of court and it applicable against government officials who disobey
to deliver their duty and challenge the dignity and duty of the court.
For Examples:
In 2015 a letter along with pen drive had delivered to
the Chief Justice of India it was written by an NGO named Prajwala, that pen
drive containing two videos of gang rape. Then the court took that as evidence
and issues Suo Moto cognizance and converted that letter into Public Interest Litigation
(PIL) and order the respected authority to take the appropriate measures against
the culprits who were committed that gang rape.
The Supreme court of India has the authority to take
Suo Moto cognizance and order the government to take necessary steps to work
with companies like WhatsApp, Instagram, Google, Facebook to suggest the key
words and websites to block which are making people to think and behave in
wrong direction.
LG Polymer gas leak in Vizag:
The Commissioner of
Visakhapatnam has declared that on May 7, Early morning 3.00 am at LG
Polymers Plant the gas leak has been recorded that gas is Styrene and that gas
is notified as a dangerous substance to the human body under the provisions of
Environmental Protection Act, due to this 11 people died and over 1000 have
been affected due to this dangerous gas leak. On Thursday The National Human Right Commission (NHRC)
took Suo Moto cognizance that NHRC has called that as violating human rights
and National Green Tribunal (NGT) took Suo Moto cognizance on its own because
this gas leak is greatly affected by the environment.
While tribunal hearing the case, constituted a five
members committee to inspect the site in Andhra Pradesh and submit the detailed
report in ten days on May 18 before the hearing. the chairperson of NGT Justice
Adarsh Kumar Goel set up the committee to Order Probe and committee comprises
Former Vice-Chancellor, V Rama Chandra Murthy; AP High Court Judge Justice B
Seshasayana Reddy; Professor Pulipati King, Head of Chemical Engineering
Department, Andhra University; CPCB Member Secretary, CISR- Indian Institution
of Chemical Technology Director; and Head of NEERI in Vizag.
The bench has directed their report to the District
Magistrate of Visakhapatnam and the regional office of Andhra Pradesh PCB to
provide logistics support to the committee to enable the fact and finding the
report. If necessary the committee has given liberty to take
the assistance from any experts from any institution, the committee said that
the gas leakage has been affected the people within the 5-kilometer radius. National Green Tribunal (NGT) directs the fine to LG
Polymers India Private Limited to deposit the initial amount of 50 crores for
the damage caused due to the gas leak in Vizag with the Vizag District
Magistrate.Human Right Commission issued notice to Minister of
Corporate Affairs (MCA) and notice to Director General of AP Police directing
them on FIRs filed and the status of investigation within 4 weeks. NHRC asks
the Andhra Pradesh Government to give detailed information about rescue
operation and the treatment provided to affected people, evacuation, and rehabilitation facilities.
According to the provisions of Environmental
Protection Act, 1956 “styrene” gas is being recorded as a dangerous substance to
human beings and their livelihood, the NHRC notice that there is no primafacie
evidence to says negligence of human error, it was still a case of gross
violation of human rights and it clearly says that Right to Life has been taken
away.
Andhra Pradesh High court takes up the Suo Moto case
on Vizag gas leak, NGT hearing on Friday and issues notice to central and state
governments in the case said that the Suo Moto Cognizance case should not
been something declared against the government and have been taken cognizance of it
because this gas leak leads to the effect of environment and involves human lives
at large and high court postponed the hearing on 20-05-2020[3].
The court has clarified that the action of Disaster
Management Authority will be supervised by the state Chief Secretary.
References:
[2] www.pathlegal.in
[3] Poisonous gas leakage in Vizag, In Re, v. State of
A.P., Suo Moto WP (PIL) No.112 of 2020
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