Observing that proceedings in criminal revision appeals in the Bhopal Gas disaster “can’t be pending for 40 years”, the Madhya Pradesh High Court ordered Bhopal’s district courts to dispose of the cases as “expeditiously as possible” by giving them priority.
A Bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, which was hearing a petition by the Bhopal Gas Peedit Sangharsh Sahyog Samiti, ordered that courts “shall send [a] monthly report to this court through the registrar general”.
This came after respondents raised objections to the petitions saying that they were not maintainable since the Bhopal Gas Peedit Sangharsh Sahyog Samiti, is “neither a witness nor a party” to the proceedings.
According to the court, the case has been pending for the last 33 years and the criminal appeal since 2010.
“Without commenting on the objection with regard to maintainability, since these proceedings have been pending for a substantial period of time,” the Bench said. “We dispose of this petition with a direction to the concerned courts to dispose of the miscellaneous judicial case and also the criminal appeal, as expeditiously as possible, by giving priority to these cases over other cases. The concerned court shall send [a] monthly report to this court through the registrar general”.
When the respondents sought additional time for clarification, Chief Justice Sachdeva said: “No, you can’t have matters pending for 40 years”.
In its petition, the Bhopal Gas Peedit Sangharsh Sahyog Samiti that sought speedy disposal of several criminal revision appeals pending before the district courts, saying that the cases were delayed due to the repeated transfer of the presiding judge.
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According to court records, the Court of the Principal ”District and Sessions Judge has been hearing appeals filed by seven convicted officials of Union Carbide India Limited (UCIL) and the company since 2010. It is also hearing an appeal filed by the Central Bureau of Investigation seeking enhancement of sentence in a judgment passed by the Chief Judicial Magistrate.
The petitioners argued during the last 15 years, on no less than eight occasions, the Principal District & Sessions Judge of Bhopal was transferred elsewhere before the hearings in the appeals were complete. It was also argued that on April 9 this year, a junior civil judge in open court orally conveyed to all parties — including the CBI — that “Judge is not in a position to pass any ruling in the matter.”
“As of now, four of the convicted officials have passed away when they were out on bail while the appeals filed by the other three convicted officials and the company are being heard without end for the last fifteen years,” the petitioners submitted.
