The decision comes on curative petitions filed by the Centre questioning the compensation and mellowing of the criminal charge against the accused.
The Supreme Court (SC) decided on Monday to revisit its 21-year-old judgment that allowed Union Carbide Corporation (UCC) to escape by paying a mere Rs750-crore compensation to hundreds of victims of the Bhopal gas tragedy, one of the world’s most ghastly industrial disasters, of 1984.
The decision comes on curative petitions filed by the Centre questioning the compensation and mellowing of the criminal charge against the accused.
The government has sought a compensation of Rs7,700 crore, saying the damages decided in 1989 were on the basis of the then assessment that there were 3,000 deaths, 20,000 people suffering from serious injuries and 50,000 from minor ones. It said the death figure now stood at 5,295, with 35,000 people suffering from serious injuries and 5.27 lakh from minor ones.
A bench headed by then chief justice AM Ahmadi had mellowed down the grave charge of causing death due to negligence to negligence, which is on a par with negligent driving, in 1986. The decision benefited accused UCC officials, who, otherwise, would be entitled to a maximum imprisonment of 10 years.
On the basis of the Ahmadi bench’s ruling, a Bhopal court had last year awarded two years to UCC (India) chairman Keshub Mahindra and other officials.
SC sought response from UCC, Dow Chemicals Company (which owns UCC since 2001), Mcleod Russel (India) Private Limited (which holds 50.9% stake in Union Carbide India Limited), and UCIL (currently known as Eveready Industries Limited).
A bench headed by chief justice SH Kapadia, however, said it will first take up the criminal matter and later the civil matter relating to hike in compensation.
Unlike the prevalent practice, the curative petitions will be heard in an open court.
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