Bhopal gas tragedy: Supreme Court questions Centre over compensation to victims
The Centre wants another Rs 7,844 crore from the US-based 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.
FollowThe Supreme Court on Wednesday (January 11) told the Centre that it cannot act like a "knight in shining armour" and decide its curative plea seeking an additional Rs 7,844 crore from the successor firms of Union Carbide Corporation (UCC) for giving compensation to the victims of the 1984 Bhopal gas tragedy.
A five-judge bench headed by Justice Sanjay Kishan Kaul told Attorney General R Venkataramani, appearing for the Centre, "It is very easy to dip into someone else's pocket and take out the money. Dip into your own pocket and give the money and then see if you can dip into their (UCC) pocket or not".
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The Centre wants another Rs 7,844 crore from the US-based 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.
Justice Kaul, who questioned the Centre over the filing of the curative plea, said, "I began by saying 'maryada' of the jurisdiction. You see, we cannot be a knight in shining armour. It is not possible. We are constrained by law, although we have some leeway. But we cannot say that we will decide a curative petition on the basis of jurisdiction of an original suit".
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The bench, also comprising Justices Sanjiv Khanna, Abhay S Oka, Vikram Nath and JK Maheshwari, which heard Venkataramani for over seven hours, including the hearing on Tuesday, said, "As far as liability and quantum of compensation is concerned, it is always open to the parties to say that I want to enter into settlement and get rid of any kind of litigation. Now, you (Centre) want to modify the settlement. Can you do it unilaterally? It is not a decree but a compromise".
The AG said looking at the enormity of the human tragedy, it is very important to go beyond some of the conventional principles.
Reacting to this, Justice Kaul said, "Nobody doubts the enormity of the tragedy and undoubtedly people have suffered. It is easy to get emotive but we on this side of the bench have to refrain because we do not have the privilege to play in the gallery."
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"It is not that we are not sensitive to what has happened, but when the Supreme Court does something it has wider ramification. There has to be the sanctity of a settlement, especially in today's time, when there is so much international trade and commerce," Justice Kaul said.
Venkataramani said the tragedy had made a huge difference to the lives of people as children were born with deformities and mothers had to bear a burden for a long time.
The hearing remained inconclusive and will continue on Thursday.
The top court had on Tuesday questioned the Centre for pursuing its curative plea seeking additional funds from UCC, saying the government cannot reopen a settlement that was reached with the company after over 30 years.
