New Delhi: The Supreme Court on Tuesday junked a plea of a US-based physicist challenging a provision of the Atomic Energy Act which bars private parties from obtaining a license to deal in nuclear materials, saying they are capable of being misused, including for making bombs.
A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra said the law rightly prohibits atomic energy licensing to private entities.
Moreover, these are policy decisions in which courts cannot interfere, it said.
“It (nuclear materials) can be used for making bombs. It is capable of misuse and that is why there is a prohibition under the Atomic Energy Act, 1962,” the CJI said.
Sandeep TS, a US-based physicist, had moved the top court challenging the validity of section 14 of the Act and said even a private firm has been allowed to be a part of a nuclear power project.
“We cannot find fault with the reasoning of the Executive and why the provision was introduced in the Act (law) of Parliament,” the bench said.
The bench said keeping in mind the possibility of “misuse” and a nuclear mishap, it was not inclined to consider the plea.
It said the legal provision was not “manifestly arbitrary” as alleged in the plea.
The plea had challenged section 14 (1) of the Atomic Energy Act.
“Control over production and use of atomic energy.—(1) The Central Government may, subject to such rules as may be made in this behalf, by order prohibit except under a licence granted by it… of any plant designed or adopted or manufactured for the production, development and use of atomic energy or for research into matters connected therewith,” reads the impugned provision.
