The Supreme Court rejected the Centre's curative plea for enhanced compensation for the victims of the 1984 Bhopal Gas tragedy from US-based firm Union Carbide Corporation (UCC). The court rather asked the government to utilise a sum of Rs 50 crore lying with the Reserve Bank of India (RBI) to satisfy pending claims of victims.
The government had sought an additional Rs 7,844 crore from the UCC successor firms to extend higher compensation to the victims of the Bhopal gas tragedy that killed over 3,000 people and caused environmental damage. The Centre's move came after it opposed previous attempts by private parties to seek additional compensation.
The Supreme Court pulled up the government for raking up the issues two decades after the settlement was achieved. "We are unsatisfied with the Union of India for not furnishing any rationale for raking up this issue after two decades...We are of the view that curative petitions cannot be entertained," the bench said.
A curative petition was said to be the "last resort for a plaintiff after an adverse judgement has been delivered and the plea for its review is rejected", PTI reported. The Centre had not filed a review petition for rescinding the settlement which it now wants to be enhanced.
What is the Bhopal Gas Tragedy case
About 42 tonnes of methyl isocyanate leaked from the Union Carbide India Limited (UCIL) plant in Bhopal, Madhya Pradesh, on the night of December 2, 1984. Investigations revealed that substandard operating and safety procedures led to the catastrophe.
Over 3,000 died in the incident and the toll rose to over 20,000 over the next few years, according to several reports.
In 2010, the Centre filed a curative plea in the Supreme Court SC, seeking additional compensation of Rs 7,844 crore from Union Carbide, now owned by Dow Chemicals, for the victims.
The case was heard by a five-judge-bench of Supreme Court, headed by Justice SK Kaul.
Dow Chemicals opposed the Centre's plea for additional compensation and argued that the government had not raised any objection when the settlement was finalised. It said the question of "top up" does not arise.
In 1989, Union Carbide had paid a compensation of $ 470 Million (Rs 715 crore) after toxic gas release killed over 3000, affected over 1 lakh people.
First Published: Mar 14, 2023 11:23 AM IST
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