Bhopal gas tragedy: Justice Bhat recuses himself from hearing Centre's plea for additional fund

Tribune News Service
New Delhi, January 28 

Hearing on the Centre’s petition seeking for additional compensation of Rs 7,844 crore from Dow Chemicals— the successor of US company Union Carbide—could not take off in the Supreme Court as Justice Ravindra Bhat on Tuesday recused himself from the case.

More than 3,000 people killed in the worst industrial tragedy due to release of methyl isocyanate gas in the intervening night of December 2 and 3 in 1984 at a pesticide plant of Union Carbide India Limited (UCIL) in Bhopal. More than one lakh people were affected by the tragedy. The survivors had been fighting a protracted legal battle for adequate compensation and medical treatment of diseases caused by methyl isocyanate gas.

Under a settlement reached with the Government of India, the company paid an amount of USD 470 million in 1989 towards compensation for the victims. In December 2010, the Centre had filed a curative petition in the top court for enhancing the compensation.

As the five-judge Bench assembled, Justice Arun Mishra—who headed it —said Justice Bhat has a difficulty in hearing the matter.

“Let’s wait till evening today. Let’s wait for the CJI’s order on whether we will hear it in some other combination. We will get to know,” Justice Mishra said, asking the parties to come on Wednesday.

The other three judges on the Bench are Justice Indira Banerjee, Justice Vineet Saran and Justice MR Shah.

“I had appeared for the Union of India in the matter when the Union had sought review,” Justice Bhat said expressing his inability to hear the matter.

On June 7, 2010, a Bhopal court had convicted seven executives of UCIL to two-year imprisonment in connection with the tragedy.

Then UCC chairman Warren Anderson was the prime accused in the case but did not appear for the trial. On February 1, 1992, the Bhopal CJM court had declared him an absconder. The courts in Bhopal had issued non-bailable warrants in 1992 and 2009 against Anderson who died in September 2014.