Bhopal gas leak tragedy: Govt keen on pursuing curative petitions for enhanced compensation to victims: AG to SC

Attorney General R Venkataramani conveyed this to a five-judge Constitution Bench presided by Justice S K Kaul.

“I wish to convey that the government is very keen to pursue this matter. I have applied my mind to the review aspect and the various other challenges in reopening this matter. But having regard to the concern of the government that we cannot abandon the victims…because the tragedy is unfolding every day,” the AG told the Bench also comprising Justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari.

Venkataramani said he had looked into examples elsewhere and has considerable literature on where the courts have gone beyond the settlement arena.

Allowing his request for some more time to prepare, the Bench recorded the government stand in its order. “The learned Attorney General has taken a stand before us that the government would like to press its curative petitions,” it said and pointed out that “on the other hand, the respondent(s) state that the very maintainability of the curative petitions will have to be examined as it came 19 years after the judgment was passed and without going through a process of review petition(s)…”

Methyl Isocyanate gas leaked from the Union Carbide factory on the night intervening December 2 and 3, 1984, resulting in more than 3,000 deaths and leaving thousands more injured.

The company gave a compensation amount of $470 million in 1989.

However in 2010, the Centre filed a curative petition seeking extra Rs 7,844 crore more, saying many important relevant factors were not taken into consideration while filxing the earlier amount. The court will now hear the matter in January 2023.