Bhopal Gas tragedy: The Supreme Court on Tuesday 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, now owned by Dow Chemicals. According to reports, the plea sought an additional Rs 7,844 crore from Union Carbide Corporation's (UCC's) successor firms to extend higher compensation to the victims.
A five-judge constitution bench headed by Justice Sanjay Kishan Kaul pronounceD the verdict. The bench, also comprising Justice Sanjiv Khanna, Justice Abhay S Oka, Justice Vikram Nath and Justice JK Maheshwar, had on January 12 reserved its verdict on the Centre's curative plea.
Earlier on January 12, the top court was informed by UCC's successor companies that the depreciation of the rupee since 1989, when a settlement between the corporation and the Centre was reached, cannot be used as justification for now seeking a "top-up" of compensation for the victims of the Bhopal gas tragedy.
The firms had told the top court that the Government of India never suggested at the time of the settlement that it was inadequate.
"There are series and series of affidavits starting from 1995 and ending as late as 2011, where the Union of India has opposed every single attempt to suggest that the settlement (of 1989) is inadequate. Affidavits upon affidavits were filed," senior advocate Harish Salve, appearing for the UCC successor firms had submitted.
Now, the actual argument before the court is that the settlement has become inadequate because the rupee depreciated, he had contended.
What SC earlier told govt on this matter?
The top court had, during the hearing, told the Centre that it cannot act like a "knight in shining armour" and decide the curative plea seeking additional funds from UCC as a civil suit, and asked the government to "dip into its own pocket" to provide enhanced compensation.
The Centre wants another Rs 7,844 crore from the UCC's successor firms over and above the USD 470 million (Rs 715 crore) it got from the American company as part of the settlement in 1989.
A curative petition is the last resort for a plaintiff after an adverse judgement has been delivered and the plea for its review is rejected. The Centre had not filed a review petition for rescinding the settlement which it now wants to be enhanced. The Centre has been insisting that the enormity of the actual damage caused to human lives and the environment could not be assessed properly at the time of the settlement in 1989.
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About the Bhopal gas tragedy
The Bhopal gas tragedy, touted as the world's worst industrial disaster, had claimed the lives of several thousand people after deadly gas leaked from the Union Carbide India Limited pesticide plant on the intervening night of December 2 and 3, 1984. The tragedy unfolded in Bhopal, Madhya Pradesh, when the highly dangerous and toxic gas, methyl isocyanate (MIC), escaped from the Union Carbide India Limited (UCIL) and resulted in the death of 5,295 human beings, injuries to almost 5,68,292 persons besides loss of livestock.
(With inputs from agencies)
