Supreme Court rejects Centre's plea for enhanced compensation for Bhopal gas tragedy victims
By Team Newsable | First Published Mar 14, 2023, 11:01 AM ISTOn June 7, 2010, a Bhopal court had sentenced seven executives of Union Carbide India Limited (UCIL) to two years imprisonment. The then UCC chairman Warren Anderson was the prime accused in the case but did not appear for the trial.
Supreme Court on Tuesday (March 14) 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.
The Centre was seeking an additional Rs 7,844 crore from Union Carbide Corporation's successor firms to extend higher compensation to the victims of the 1984 Bhopal gas tragedy that killed over 3,000 people and caused environmental damage.
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On January 12, the successor firms of UCC told the top court that the depreciation of the rupee since 1989, when a settlement was arrived at between the company and the Centre, cannot be a ground to now seek 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.
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.
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On June 7, 2010, a Bhopal court had sentenced seven executives of Union Carbide India Limited (UCIL) to two years imprisonment. The 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 declared him an absconder. The courts in Bhopal had issued non-bailable warrants against Anderson twice in 1992 and 2009 before his death in September 2014.
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