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Important Judgments
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Bhopal Gas Claim Case
Judgement
(Courtesy by : National Judicial Academy of
India)
Bhopal Tragedy
It was half past midnight,
while BHOPAL was fast asleep on the fate ful night like any
other night unaware of what was about to come. Suddenly there were
cries, outbursts people running, screaming, crying, gasping,
shrieking, suffocating and collapsing, Soon the streets became
debris for corpses, carcass of livestock and animals. It was the
darkest night when Bhopal was struck with an unprecedented
catastrophe, the worst ever in the industrial history of India.
It was the fateful night of
December 2nd 1984, when there was a massive leakage of
the lethal “Methyl Iso Cynate” gas, from the storage tank of the
giant plant of Union Carbide Limited resulting in untold disaster,
due to which countless people sustained acute Respiratory Distress
Syndrome ocular and gastro- intestinal ailments. The Scene which
eyes would never have the courage to see. The result of the
catastrophe was horrendous.
Various suits were filed in
several U.S. District Courts by American lawyers while some
litigations were also filed at District Court, Bhopal. The various
suits filed in several U.S. District Courts were consolidated and
assigned to the southern District of New York, presided over by
Judge, KEENAN. But due to the physical and financial disability of
the litigants at India the doctrine of “Parens Patride” was invoked
and the Act known as “Bhopal Gas Leak Disaster Act 1985”, came into
force on 20.02.1985 in order to empower the Central Government to
deal specially, effectively and equitably and also to the best
advantage of the claimants financially impoverished.
On 08.09.1986 Union of India
filed suit for damages at District Court Bhopal. The Union Carbide
Company gave undertaking to maintain unencumbered assets of three
Billion U.S. dollars. The Court made a proposal to parties
considering reconciliatory interim relief to the gas victims. Shri
M.W. Dev, judge , ordered grant of interim relief of Rs. 350 Crores
on 17.12.87.
Revision against the above
order was filed before the High Court, Madhya Pradesh but the order
of the District Court was upheld. The apex Court in W.P. No 415/2000
directed vide order dated 2.04.01 that a list of all cases dismissed
on account of non-appearance of parties or in default, be published
in local Hindi newspapers. And claimants should file restoration
application within 60 days of publication. 42,053 applications were
received in lieu of the above direction.
The Supreme Court vide order
dated 19.07.04 directed the Welfare Commissioner appointed for
disbursement of compensation to disburse the remaining amount to the
persons whose claims had to be settled, on pro-rata basis. He was
further directed to file a category wise
particulars of the payments
made to the claimants.
Mr. Justice P.D. Muley was
appointed as the first Welfare Commissioner. Then consequently Mr.
Justice A.G. Qureshi, Mr. Justice S.B. Sakrikar, Mr Justice Deepak
Verma have presided over as Welfare Commissioner, while Mr. Justice
Shri R.S. Garg is holding the aforesaid post at present.
6,18,659 cases prior to the
notification No. G.S.R.S. 48 dated 02.12.1996 and 4,10,856 in all
10,29,516 claim cases were filed by the gas claimants which have
been disposed out of which 5,73,231 have been rejected. 9801 Suo
motu revisions and 9407 new applications for suo motu revisions were
filed April 2003 to June 2005. Out of which maximum have been
disposed off.
The process which had commenced on
15.11.04 has gathered momentum in time Rs. 7,89,54, 541,102 /- have
been disbursed to 3,05,468 persons.
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