How can settlement be reopened, Rs 50 cr lying undisbursed: SC to Centre on Bhopal gas tragedy

On October 11, the Centre had told the SC that it is keen to pursue its curative petition seeking enhancement of compensation to Bhopal gas tragedy victims

The Supreme Court on Tuesday asked the Centre to explain how the settlement for the Bhopal gas tragedy can be reopened when the Union Carbide already paid over $470 million to the victims.

Expressing concern over the Rs 50 crore undisbursed funds, a five-judge bench presided over by Justice Sanjay Kishan Kaul asked the Attorney General R Venkataramani, representing the Centre, if the court can reopen settlement 10, 20 or 30 years later on the basis of fresh documents.

As senior advocate Harish Salve, representing Union Carbide, said there is a new set of documents, the bench asked the A-G if any fresh documents can be permitted in the curative petition.

The bench, also comprising justices Sanjiv Khanna, A S Oka, Vikram Nath, and J K Maheshwari, pointed out that no review was filed by the government and a curative petition was filed after a gap of 19 years.

The court also pointed out that the settlement was arrived at between two parties and one of the parties was the Union of India, which was not a weak party.

The A-G, for his part, asked the court to have a look at the settlement, as it did not bring about a just conclusion.

On this, the bench asked the AG as to the scope of such a curative petition, especially at this point in time.

Venkataramani replied that there is an amendment to the settlement and “we are not asking for a settlement to be annulled”.

During the hearing, the bench also sought to know why Rs 50 crore was lying undisbursed and if it meant the people were not getting the money and the government is responsible for it.

The A-G said the number of claimants had gone beyond what the review judgment had in mind.

On this, the bench also asked the A-G why and how not having filed a review, a curative petition was filed.

Salve, on other hand, submitted that there was a settlement with no reopener clause.

On October 11, the Centre had told the Supreme Court that it is keen to pursue its curative petition seeking enhancement of compensation to Bhopal gas tragedy victims – over the $470 million, which has already been paid by Union Carbide. The AG had submitted that it is a tragedy unfolding everyday and victims can't be abandoned.

Senior advocate Sanjay Parikh, representing the victims, had argued that over the years, the tragedy’s intensity has increased fivefold -- deaths, the number of victims, and the extent of injuries.

On September 20 last year, the Supreme Court asked Centre’s counsel to get instructions whether it wanted to pursue its curative petition seeking enhancement of compensation to Bhopal gas tragedy victims.

In 2011, a five-judge bench of the top court had issued notice to the Union Carbide Corporation, now a wholly owned subsidiary of Dow Chemicals Co., US.