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Karnataka State Pollution Control Board v. B. Heera Naik & Ors.

Criminal Appeal · 2019 INSC 1283Decided 26 Nov 2019
Criminal Appeal Nos. 1734-1736 of 2019
Justice Ashok Bhushan · Justice M.R. Shah

Background

The Karnataka State Pollution Control Board had filed criminal complaints against the Commissioner and Chief Officers of a City Municipal Council for offences under the Water Act, 1974, over pollution violations. The Karnataka High Court quashed these prosecutions under Section 482 of the Criminal Procedure Code, reasoning the officials could not be held liable under the relevant provision. The Board appealed to the Supreme Court.

Decision Breakdown

The Supreme Court examined whether a City Municipal Council, as a body corporate, could be treated as a "company" for the purposes of Section 47 of the Water Act (which fixes liability on persons in charge of a company's business when it commits an offence), drawing an analogy with similar language in the Negotiable Instruments Act. It held that the definition was broad enough to include municipal bodies corporate, and that cognizance of offences under the Act could also independently be taken under Section 49. Concluding that the High Court had erred in quashing the complaints, the Supreme Court set aside the High Court's judgment, dismissed the officials' quashing applications, and directed the Magistrate to proceed with the criminal complaints in accordance with law.

Lesson Learnt

Officials heading a municipal or other statutory body corporate can be held criminally liable for pollution-law violations committed by that body, in the same way company directors can be held liable for a company's offences.

Official source (sci.gov.in)View Judgment (PDF)

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