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d been recipients of large government grants for their manufacture and hence bore the same responsibility as well.

II. Application of concept of absolute liability:-

Considering that Shriram Food and Fertilizers was in the business of manufacture and handling to hazardous substances, injurious to public health the onus of prevention and caution should have been entirely upon them .The court decided apt to use the concept absolute liability against Shriram Food and Fertilizers. Citing the case of Rylands Vs. Fletcher 1868 'a person whom for his own purpose brings onto his land, collects or keeps anything likely to do mischief must keep at his peril and if he fails to do so is prima facie liable for the damages which is the natural consequences for its escape.' [2] It held Shriram responsible for all the damages and liable for paying compensation for its reversal. The only exception for this case was that of a natural calamity or an act of a third party. The court determined that the' leakage was caused by a series of mechanical and human errors. This leakage resulted from the bursting of the tank containing oleum gas as a result of the collapse of the structure on which it was mounted' [3] and not by an act of sabotage by a third party and hence the concept of absolute liability was applicable.

III. Setting up of an Inquiry Commission.

Responding to the petition filed by Shriram Food and Fertilizers requesting the opening of the undamaged caustic chlorine plant, the Supreme Court appointed two committees of experts; the Manmohan Singh Committee and the Nilay Choudhary Committee. The committees were formed by the court to obtain a scientific and objective overview on the situation. These committees were to advice the court in a matter of their own expertise to help the court make a better judgement based on scientific principles. The committees were issued with essentially three mandates.

Whether the caustic chlorine plant can be opened as it is without any modifications.

The possible measures which can be taken to prevent any excessive pollution or accidents in the future.

The safety devices which are installed in the complex and the devices that exist on the market which can be installed to prevent such a tragedy.

IV. Findings of the Committees.

The committees set up by the Supreme Court to investigate the possibility of safely opening and operating the Shriram Caustic chlorine plant made several startling findings which reflected the profit over safety norms of that time.

Old and worn out machinery, which were corroded by chemicals and an accident waiting to happen.

Indifference of the management towards safety, worker awareness and accident training.

Lack of safety equipment eg. Fire extinguishers, rubber gloves, masks, etc.

V. Recommendations of the Committees:-

Both the Manmohan Singh and Nilay committees on inspection of the plant made many suggestions to the management. They strictly stated that if at any time they were violated then the permission for the plant to operate could be revoked.

Shriram was asked to deposit a sum of Rs. 30,000 to meet the travel, boarding and other expenses of the committees.

One operator must be specifically designated responsible for each safety device.

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