In Brief
The Supreme Court addressed whether officials of a City Municipal Council could be prosecuted for pollution offences under the Water (Prevention and Control of Pollution) Act, 1974. The Court held that Municipal Corporations, being instrumentalities of Government, can be held liable for offences committed by their departments. When an offence by a Government department occurs, the Head of Department is deemed guilty and liable for prosecution. The Court clarified that body corporates like Municipal Councils fall within the liability framework for companies under the Act. The appeal was allowed and the High Court's order quashing proceedings was set aside."
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