Bhopal gas tragedy: SC refuses urgent hearing on plea against waste disposal

New Delhi: The Supreme Court on Wednesday refused to urgently hear a plea against the incineration of hazardous waste of the 1984 Bhopal gas tragedy, which claimed 5,479 lives and maimed more than five lakh.

The apex court had on February 27 refused to interfere with a Madhya Pradesh High Court order on shifting of the toxic waste and disposing it in Pithampur area in Dhar district.

The matter was mentioned on Wednesday for urgent listing before a bench of Justices Sanjay Karol and Satish Chandra Sharma.

"You have failed this attempt before the Madhya Pradesh High Court. Your prayer was rejected. You made an attempt to stop this before this court also. No interim order has been granted. Now during vacation, you want us to stay all this? For how many years, we are fighting with that waste?" the bench asked the lawyer who mentioned the matter.

The bench said the matter would be heard after the partial court working days in the apex court would be over in July.

Highly toxic gas methyl isocyanate leaked from the Union Carbide factory during the intervening night of December 2-3, 1984, eventually killing 5,479 people and maiming over five lakh.

It is considered to be among the worst industrial disasters in the world.

While mentioning the matter for urgent listing, the counsel said the case related to incineration of around 377 tonne of hazardous waste.

"What do you want in that matter?" the bench asked.

The petitioner, the counsel said, sought a stay on the order asking for incineration of the waste.

"You have made all attempts. All these NGOs; all these so called social activists. No. Very sorry. The high court is monitoring it," the bench observed.

When the counsel said the waste would be incinerated by then, the bench said it was being disposed of under the supervision of expert body.

On February 27, the apex court disposed of a plea that challenged an order of December 3, 2024 of the high court directing the state government to take steps for removal of toxic waste material from the site of Union Carbide India Ltd (UCIL).

The top court said the high court passed the order after considering views of an expert committee comprising directors of the National Environmental Engineering Institute (NEERI), the National Geophysical Research Institute (NGRI) and chairman of Central Pollution Control Board (CPCB).

It said both NEERI and NGRI were "institutes of repute and recognition" in their respective fields and courts had often relied on their views whenever faced with questions on environmental protection.

The hazardous waste from the now defunct UCIL factory was shifted to Pithampur industrial area, about 250 kilometer away from Bhopal and 30 kilometer from Indore for disposal at a plant.

The high court in a December 2024 order rebuked the authorities for not clearing the UCIL site in Bhopal despite the Supreme Court's directions and set a four-week deadline to shift the waste.

It warned the government of contempt proceedings if its directive was not followed.

On the night of January 1, the shifting of toxic waste began in 12 sealed container trucks for its disposal, an official said.

In its February 18 order, the high court noted that for the trial run, 30 metric tonne of waste would be disposed of in three lots of 10 metric tonne each.

The authorities were therefore directed to undertake the first trial run of 10 metric tonne by taking all protocols into consideration on February 27 and thereafter see its result.