The National Green Tribunal (NGT) on Friday allowed Sterlite Industries to commence operations at its copper plant in Tuticorin district of Tamil Nadu within a week in the presence of a panel set up by the tribunal. A bench headed by NGT chairperson Justice Swatanter Kumar said the May 29 closure order of the Tamil Nadu Pollution Control Board (TNPCB) for the Sterlite plant was passed in an abrupt manner based on mere apprehension of leakage of gas, and without any scientific data to support the same. Besides, the four-member committee will comprise member secretary of Central Pollution Control Board (CPCB), a member or engineer from the TNPCB and two members of IIT, Madras, who were part of a panel set up earlier by the Chennai bench of NGT. “Mere apprehension will not be sufficient for passing such drastic orders. No scientific data, analysis, etc, has been placed before us to show emissions in excess of prescribed parameters,” the bench said. The NGT also said that the timing of the complaints against Sterlite and the alleged leak of gases were not compatible to draw a conclusion that the industry was offending. It also said that “in the facts and circumstances of the case, it is difficult to accept the contention” of the TNPCB that Sterlite's plant was shut down as a precautionary measure and that the TNPCB order was not a precautionary measure, but per se punitive. The industry was allowed to operate for six days after the alleged incident of gas leakage on March 23, the bench also noted.