The Supreme Court on Monday refused to interfere
with a plea alleging risk of contamination of land and groundwater due to possible
leakage of mercury from incinerated waste linked to the Bhopal gas tragedy.
The top court, however, asked the 'Bhopal Gas
Peedith Sangharsh Sahyog Samiti' to approach the Madhya Pradesh High Court
which has been monitoring the rehabilitation and related issues for over three
decades.
A bench comprising Chief Justice Surya Kant and
Justice Joymalya Bagchi took note of the submissions of senior advocate Anand
Grover, appearing for the victims' association, and said the high court would
deal with the plea expeditiously.
In December 1984, more than 40 tonnes of methyl
isocyanate gas leaked from the Union Carbide pesticide plant in Bhopal,
claiming over 15,000 lives and exposing millions to toxic gas.
The petitioner organisation alleged that the
disposal of waste from the former Union Carbide Corporation plant site could
lead to mercury leaching from the incinerated material, potentially
contaminating surrounding land and water sources.
Grover questioned the findings of authorities which
reportedly detected no mercury in the treated waste.
"With all the incineration, they now say they
have detected no mercury at all. After all that, it is all dumped in a concrete
block. Mercury will leach out now. If there is no order to open it up and test,
the exercise is futile," he said.
Justice Bagchi, responding to concerns, said trial
runs conducted by the oversight committee had reportedly shown no evidence of
material leaching.
"They say trial runs show that there is no
leeching of material. You say the methodology adopted by the oversight
committee is faulty. Now we are not experts. You need to tell them," he
said, adding authorities indicated that if any leakage was detected, the
structure would be reinforced and sealed further.
The judge also cautioned against steps that could
inadvertently lead to further contamination merely for verification purposes.
During the hearing, the CJI referred to the
petitioner's reliance on a report prepared by Dr. Asif Qureshi of the Indian
Institute of Technology Hyderabad, which suggested that the presence of mercury
in the incinerated waste could pose a contamination risk around the disposal
site.
However, the bench held that it saw no reason to
interfere with the December 10, 2025 order passed by the division bench of the
high court on the issue.
"The petitioner relying upon the report of Dr
Asif Qureshi of the IIT Hyderabad states that since a huge amount of mercury is
there in the incinerated material there is a risk of contamination around the
site of disposal.
"Since all possible precautions were taken, we
see no reason to interfere with the division bench order of December 10, 2025.
The appropriate recourse would be to move the high court along with supporting
material showing apprehension for leakage in the future. We request the high
court to consider the application on merits and pass such orders as may be
required in larger public interest," the top court said in its order.