Bhopal gas leak tragedy case | Not willing to pay a farthing more, Union Carbide Corporation tells Constitution Bench
The Hindu
Union walking a “slippery slope” with its curative plea for additional amount over and above money given in 1989 settlement, says Supreme Court.
The Union Carbide Corporation (UCC) on January 10 said it is not willing to pay a "farthing" more if a settlement with the Centre in 1989 is set aside by the Supreme Court even as a Constitution Bench asked the government why ₹50 crore of the $470 million paid by the company has still not reached the Bhopal gas leak tragedy victims after all these years.
The Centre, in a curative plea, has contended that the 1989 settlement is seriously impaired. It has sought additional funds of over ₹7,400 crore from the pesticide company. The government said there is fresh data of more human suffering caused by the incident.
"My client is not willing to pay a farthing more. They say this is what they settled for, and if you (government) don't want the settlement, let the law take its course. That is our submission," senior advocate Harish Salve, for UCC, apprised the court.
Justice Sanjay Kishan Kaul, the lead judge on the five-member Bench, said the government was walking a "slippery slope" by seeking to "re-open" the settlement after over 30 years through a curative petition.
Attorney General R. Venkataramani, appearing for the Centre, said UCC’s position to pay or not was not the “final word”. The tragedy presented an extraordinary situation. The government was not looking to re-open the settlement but only wanted to “add” to it. “The settlement was not just,” he said.
"So why did you settle then? One of the parties to the settlement was the Union of India no less, not a weak party… Let's say, on the other hand, a situation arises that the actual scenario is less horrific than made out to be… Can the other side (UCC) come out and say that an excess amount was paid in the settlement and they want the money back? Can we permit that?" Justice Kaul asked.
Justice A. S. Oka said a 1991 decision of the apex court, while refusing to re-open the settlement, had made it clear that it was the duty of the government to pay any additional compensation to the victims if there was a shortfall.
While residents are worried over deaths due to diarrhoea in Vijayawada, officials still grapple to find the root cause. Contaminated drinking water supplied by VMC officials is the reason, insist people in the affected areas, but officials insist that efforts are on to identify the disease and that those with symptoms other than diarrhoea too are visiting the health camps.